STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE

Similar documents
STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE ELECTRIC AND GAS UTILITY CUSTOMERS

DW HAMPSTEAD AREA WATER COMPANY. Petition for Rate Increase. and DW HAMPSTEAD AREA WATER COMPANY

STATE OF NEW HAMPSHIRE before the NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION. Docket No. DE

Freedom Logistics, LLC d/b/a Freedom Energy Logistics

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DG

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE D/B/A EVERSOURCE ENERGY

THE STATE OF NEW HAMPSHIRE BEFORE THE PUBLIC UTILITIES COMMISSION PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE D/B/A EVERSOURCE ENERGY

DM METRA INDUSTIRES INC. Show Cause Proceeding. Order Approving Settlement Agreement O R D E R N O. 24,190. July 9, 2003

December 28, Executive Director New Hampshire Public Utilities Commission 21 South Fruit Street, Suite 10 :-.;1jC %9EC1?L.; 2 Concord, NH 03301

DT SEGTEL, INC. Petition for Authority to Provide Local Telecommunications Services. Order Nisi Granting Authorization O R D E R N O.

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Least Cost Integrated Resource Plan

DT FRANCE TELECOM CORPORATE SOLUTIONS LLC. Petition for Authority to Provide Non-Facilities Based CLEC Services

According to Freedom Energy, the current utility practice of paying QFs for their energy

METROMEDIA FIBER NETWORK SERVICES, INC.

VERIZON NEW HAMPSHIRE. Tariff Filing Introducing Enhanced ISDN PRI Hub Service. Order Extending Review Period and Establishing Hearing

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE NORTHERN PASS TRANSMISSION LLC. Petition to Commence Business as a Public Utility

DT GRANITE TELECOMMUNICATIONS, LLC d/b/a Hale & Father Telecommunications. Petition for Authority to Provide Local Telecommunications Services

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. DE and DE FPL ENERGY MAINE HYDRO, LLC

DT NEON Connect, Inc. Petition for Authority to Provide Local Telecommunications Services. Order Nisi Granting Authorization

EVERSeURCE. ~Ri\1~ ~-~4~O. August 21, 2015

DT Petition for Authority to Provide Local Telecommunications Services. Order Nisi Granting Authorization O R D E R N O. 23,960.

APPEAL OF CAMPAIGN FOR RATEPAYERS RIGHTS & a (New Hampshire Site Evaluation Committee) Argued: March 10, 2011 Opinion Issued: July 21, 2011

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION. Docket No. DG Liberty Utilities (EnergyNorth Natural Gas Corp.) d/b/a Liberty Utilities

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DT METROCAST CABLEVISION OF NEW HAMPSHIRE

THE ST A TE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION. City of Concord's and Senator Dan Feltes' Prchcaring Memorandum of Law

The New Hampshire Public Utilities Commission ("the Commission") opened

Before the New Hampshire Public Utilities Commission DT

THE STATE OF NEW HAMPSHIRE BEFORE THE PUBLIC UTILITIES COMMISSION NORTHERN UTILITIES, INC. Petition for Approval of

DT Petition for an Order Directing Verizon-NH to Comply With its Interconnection Agreement Obligation to Pay Reciprocal Compensation

THE STATE OF NEW HAMPSHIRE BEFORE THE PUBLIC UTILITIES COMMISSION DE

March 14, Re: To the Parties:

BRUKER UNLINE EXCHANGE. Re: Aggregator Renewal Application for Broker Online Exchange, LLC - DM

DW HAMPSTEAD AREA WATER COMPANY, INC. Petition for Franchise Approval. Order Approving Stipulation and Granting Approval of a Utility Franchise

DT VERIZON NEW HAMPSHIRE. Revisions to Verizon Performance Assurance Plan. Order Approving Revisions as Modified by Stipulation

DT VERIZON NEW HAMPSHIRE. Complaint of Michael Harris. Order Dismissing Complaint O R D E R N O. 24,440. March 4, 2005

STATE OF NEW HAMPSHIRE. PUBLIC UTILITIES COMMISSION 21 S. Fruit St., Suite 10 Concord, N.H November 6, 2014

VERIZON NEW HAMPSHIRE/BIDDEFORD INTERNET CORPORATION

VERIZON NEW HAMPSHIRE /BULLSEYE TELECOM, INC.

THE LAND TRIBUNAL ACT NO.7 OF 1994 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II LOCATION AND STAFFING OF LAND TRIBUNALS

DRAFT REVISION DECEMBER 2016 BOARD OF DIRECTORS FOR CWA AUTHORITY, INC. RESOLUTION NO

The State of New Hampshire Public Utilities Commission

Planning and Organizing Public Hearings

THE NEW HAMPSHIRE SITE EVALUATION COMMITTEE AN INTRODUCTION TO THE COMMITTEE AND ITS PROCESS

DT Verizon New Hampshire Section 271 Inquiry Conversion of Statement of Generally Available Terms and Conditions to a Tariff

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Supreme Court NO TERM JUNE SESSION. State of New Hampshire. v. Lawrence Sleeper

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

May 13, In the Matter of PACIFICORP 2009 Renewable Energy Adjustment Clause Docket No. UE 200

STATE OF MAINE PUBLIC UTILITIES COMMISSION Docket No

March 13, 2018 Case No. U Ms. Sherri A. Wellman Miller, Canfield Paddock & Stone, P.L.C. One Michigan Avenue, Suite 900 Lansing, MI 48933

U.S. District Court District of New Hampshire (Concord) CIVIL DOCKET FOR CASE #: 1:00 cv PB

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PUBLIC SERVICE COMMISSION

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. In re: Petition for rate increase by Gulf ) Docket No EI Power Company ) )

THE STATE OF NEW HAMPSHIRE SUPREME COURT. David Eldridge. The Rolling Green at Whip-Poor-Will Condominium Owners Association. Case No.

RAILROAD COMMISSION OF TEXAS FINAL ORDER FINDINGS OF FACT

VERIZON NEW HAMPSHIRE/RNK, INC.

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PUBLIC SERVICE COMMISSION

STATE OF NEW JERSEY Board of Public Utilities 44 S. Clinton Avenue, 9th Floor Post Office Box 350 Trenton, NJ

May 16, 2018 Case No. U Ms. Sherri A. Wellman Miller, Canfield Paddock & Stone, P.L.C. One Michigan Avenue, Suite 900 Lansing, MI 48933

IC Chapter 3. Adjudicative Proceedings

THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108

BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION

PUBLIC UTILITY COMMISSION OF TEXAS (PUC) DOCKET NO

ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017

State of New Hampshire Supreme Court

PART Saf-Mec 101 PURPOSE AND SCOPE OF ADMINISTRATIVE RULES OF THE BOARD

STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES MICHIGAN PUBLIC SERVICE Commission

Case: HJB Doc #: 3116 Filed: 02/16/16 Desc: Main Document Page 1 of 4

THE SUPREME COURT OF NEW HAMPSHIRE IN THE MATTER OF ADAM MUCHMORE AND AMY JAYCOX. Argued: November 4, 2009 Opinion Issued: December 4, 2009

Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES GENERAL PROVISIONS

Control Number : Item Number : 28. Addendum StartPage : 0

STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE PUBLIC UTILITIES COMMISSION

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

CHAPTER 5. FORMAL PROCEEDINGS

STATE OF VERMONT PUBLIC UTILITY COMMISSION. Order entered: 09/26/2018 ORDER OPENING INVESTIGATION AND NOTICE OF PREHEARING CONFERENCE

BEFORE THE STATE CORPORATION COMMISSION OF THE ST A TE OF KANSAS

VERIZON NEW HAMPSHIRE/PREFERRED CARRIER SERVICES, INC. d/b/a Phones for All and Telefonos Para Todos

WILTON TELEPHONE COMPANY AND HOLLIS TELEPHONE COMPANY

Mirt "Board" means "board" as defined in RSA 328-J, I, namely, "the board of medical imagine and radiation therapy."

IN THE MATTER OF: MAHS Docket No.: Case Type: Issued and entered this 6 TH day of June, 2016 by: Kevin Scully Administrative Law Judge

RAILROAD COMMISSION OF TEXAS

III. Claimant means any person who files a claim pursuant to this chapter.

July 28, Please do not hesitate to call if you have any questions in regard to the enclosed. Very truly yours, /s/ James William Litsey

Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals

OFFICIAL BALLOT ANNUAL TOWN ELECTION ASHLAND, NEW HAMPSHIRE MARCH 14, 2017

THE SUPREME COURT OF NEW HAMPSHIRE. JOSEPH THOMAS & a. TOWN OF HOOKSETT. Argued: March 8, 2006 Opinion Issued: July 20, 2006

The Commonwealth of Massachusetts

THE SUPREME COURT OF NEW HAMPSHIRE. TOWN OF CANAAN & a. SECRETARY OF STATE. Argued: October 8, 2008 Opinion Issued: October 29, 2008

STATE OF NEW JERSEY Board of Public Utilities 44 South Clinton Avenue, gth Floor Post Office Box 350 Trenton, New Jersey

OPTIMUM GLOBAL COMMUNICATIONS, INC.,

Report to Chief Justice Robert J. Lynn, NH Superior Court. Concerning RSA Chapter 135-E: The Commitment of Sexually Violent Predators.

ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

THE SUPREME COURT OF NEW HAMPSHIRE

IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Colorado PUC E-Filings System

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) )

Ch. 197 PRACTICE AND PROCEDURE 37. Subpart L. STATE HEALTH FACILITY HEARING BOARD 197. PRACTICE AND PROCEDURE Authority

If!~ PACIFIC POWER A DIVISION OF PACIFICORP

Transcription:

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE 11-250 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Investigation of Scrubber Costs and Cost Recovery Order Granting Petitions to Intervene O R D E R N O. 25,831 October 28, 2015 In this Order, the Commission lifts the stay imposed in Order No. 25,755 (Jan. 15, 2015), and grants the limited intervention of Terry Cronin, and of Senators Bradley and Feltes. We limit their intervention because the underlying issues in this docket have been developed and the evidentiary record is closed. The Commission will not allow further discovery or accept additional evidence regarding the prudence of Eversource s decision-making related to the Scrubber. The Commission will allow Mr. Cronin and the Senators to file comments on the prudence issues related to the Scrubber, and will allow them to fully participate in proceedings related to the reasonableness of the 2015 Settlement Agreement. I. PROCEDURAL HISTORY/POSITION OF THE PARTIES This docket considers the prudence of the costs and cost recovery for the wet flue gas desulfurization system (Scrubber) installed at Merrimack Station by Public Service Company of New Hampshire d/b/a Eversource Energy (Eversource or the Company). In December, 2014, after more than three years of pretrial discovery and litigation, hearings, and the filing of posthearing briefs, Eversource requested a stay of proceedings. The purpose of Eversource s request

DE 11-250 - 2 - was to allow time for the parties to explore settlement. The Commission issued a stay in Order No. 25,755 (Jan. 15, 2015). During the winter and spring of 2015, PSNH, certain other parties to this docket, and certain parties to Docket No. DE 14-238 (Settling Parties) developed an agreement which, in the opinion of the Settling Parties, adequately resolves both cases. In June 2015, the Settling Parties filed the 2015 Public Service Company of New Hampshire Restructuring and Rate Stabilization Agreement (2015 Settlement Agreement) in both dockets. In a Secretarial Letter issued July 14, 2015, the Commission approved a procedural schedule in DE 14-238. Pursuant to that schedule, the parties to DE 14-238 have filed testimony and are engaged in discovery over whether the Settlement Agreement s terms and conditions are in the public interest. In July 2015, Terry Cronin and, separately, Senators Bradley and Feltes (the Senators) filed petitions to intervene in both dockets. The Commission orally granted their petitions to intervene in DE 14-238 during a prehearing conference in that docket. Transcript of July 9, 2015, prehearing conference in Docket No. DE 14-238 at 10. The Commission did not act on the petitions to intervene in this docket because of the stay ordered in January 2015. II. COMMISSION ANALYSIS A. The Stay The Commission granted the stay in this docket to allow the parties additional time to work toward a settlement agreement and to grant the Legislature the opportunity to pass the laws necessary to carry out any settlement. [T]he Legislature passed the law that is at the center of this litigation, RSA 125-O:11-:18, [and it is] reasonable to allow the Legislature time to address and possibly resolve the important issues related to the Scrubber. Order No. 25,755 at 4. During the stay, the Settling Parties executed the 2015 Settlement Agreement that may resolve

DE 11-250 - 3 - both this docket and DE 14-238, and the Legislature passed SB 211, which enables parts of the 2015 Settlement Agreement and directs the Commission to review the Settlement Agreement. See 2015 SB 221, amending RSA 369-B:3-a, II ( the commission shall review the 2015 settlement proposal and determine whether its terms and conditions are in the public interest ). The Governor signed SB 221 into law on July 9, 2015. Therefore, the reasons for the stay are no longer operative. We thus lift the stay to consider the petitions to intervene. B. Petitions to Intervene The statute governing intervention provides that the Commission shall grant intervention if the petitioner s rights duties, privileges, immunities or other substantial interest may be affected by the proceeding. RSA 541-A:32, I(b). Mr. Cronin satisfies this standard because he is a default service customer of Eversource and this docket may affect his electricity rates. The Senators meet this standard because they are parties to the Settlement Agreement. Even though Mr. Cronin and the Senators satisfy RSA 541-A:32, I(b), we are not required to grant intervention unless we also find that the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention. RSA 541-A:32, I(c). The statute also grants authority to condition or limit the new parties participation: If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervenor s participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Such conditions may include, but are not limited to: (a) Limitation of the intervenor s participation to designated issues in which the intervenor has a particular interest demonstrated by the petition. (b) Limitation of the intervenor s use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings.

DE 11-250 - 4 - RSA 541-A:32, III. (c) Requiring 2 or more intervenors to combine their presentations of evidence and argument, cross-examination, and other participation in the proceedings. Following more than three years of discovery and litigation, the underlying issues in this docket are well-developed and the evidentiary record related to the prudence of the Scrubber is closed. We will therefore grant limited intervention to the Senators and Mr. Cronin. In limiting the intervention, we emphasize that we will not accept additional evidence on the prudence of Eversource s decision-making related to the installation and operation of the Scrubber, or the expenses incurred. Mr. Cronin and the Senators may only file comment on those prudence issues. Otherwise, Mr. Cronin and the Senators may fully participate as we consider the reasonableness of the 2015 Settlement Agreement s proposed resolution of the Scrubber issues. Specifically, we impose the following conditions to ensure the orderly and prompt conduct of the balance of this docket: First, neither Mr. Cronin nor the Senators may conduct discovery or present testimony on the underlying issues in this docket, which generally relate to the prudence of the Company s decisions to build the Scrubber and the prudence of the associated costs. Second, Mr. Cronin and the Senators may file comments on the Settlement Agreement that relate to the prudence of the Scrubber costs, if they so choose, but those comments must be grounded in the existing record that is before the Commission and available on the Commission s website. Finally, Mr. Cronin and the Senators may participate in proceedings in this docket that are related to the 2015 Settlement Agreement, which proceedings parallel the activity in DE 14-238 and are governed by the procedural schedule in DE 14-238.

DE 11-250 - 5 - Based upon the foregoing, it is hereby ORDERED, that petitions to intervene of Terry Cronin and of Senators Bradley and Feltes are granted on a limited basis under the conditions listed above. By order of the Public Utilities Commission ofnew Hampshire this twenty-eighth day of October, 2015. ~rg Chairman :&~tjif/k Ka nm.aiiey (J Commissioner Attested by: ~..L.. (.\. J,,,,,,. Qo..f Dera A. Howland -<:::: Executive Director

SERVICE LIST - EMAIL ADDRESSES - DOCKET RELATED Pursuant to N.H. Admin Rule Puc 203.11 (a) (1): Serve an electronic copy on each person identified on the service list. Executive, Director@puc.nh.gov allen.desbiens@nu.com amanda.noonan@puc.nh.gov anne.pardo@mclane.com bany.needleman@mclane.com bill.glahn~mciane.com catherine.corkery@sierraclub.org christine.vaughan~nu.corn christopher.goulding~nu.corn dan.feltes@leg.state.nh.us dhartford@clf.org dpatch@orr-reno.corn elizabeth.tillotson@nu.com eric.chung@nu.com f.anne.ross@puc.nh.gov heather.tebbetts@nu.com ifrignoca~clf.org j ame~brennan~oca.nh.gov jeb.bradley@leg.state.nh.us jim@danni~net josh.stebbins@sierraclub.org kristi.davie@nu.com linda.landis@psnh.com lois.jones@nu.com lrosado@orr-reno.com matthew.fossum@eversource.com mayoac@nu.com miacopino@brennanlenehan.com michael.sheehan@puc.nh.gov mkahal@exeterassociates.com MSrnith@orr-reno.com rick.white@nu.com robert.bersak@nu.com sbk@rathlaw.com Stephen.Eckberg@puc.nh.gov Stephen.Hall@libertyutilities.com susan.chamberlin@oca.nh.gov suzanne.arnidon~puc.nh.gov tcatlin@exeterassociates.com terry.cronin@tds.net tirwin@clf.org tom.frantz@puc.nh.gov william.smagula@nu.com zachary.fabish~sierraclub.org Docket #: 11-250-1 Printed: October 28, 2015

INTERESTED PARTIES RECEIVE ORDERS, NOTICES OF HEARINGS ONLY ARTHUR B CUNNINGHAM P0 BOX 511 HOPKINTON NH 03229 SAM EVANS-BROWN 2 PILLSBURY ST 6TH FLR CONCORD NH 03301 JAMES T RODIER 1465 WOODBURY AVE NO 303 PORTSMOUTH NH 03801-5918 DAVE SOLOMON JAMES WARD 125 WEST 55TH ST NEW YORK NY 10019 ANDREW WEISEL 125 WEST 55TH ST NEW YORK NY 10019 Docket #: 11-250-1 Printed: October 28, 2015