Articles Posted in Utilities Law

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The Supreme Court adopted the decision of the trial court as a statement of the facts and the applicable law on the issues raised in this case regarding whether Plaintiff’s claim was justiciable and not rendered moot by subsequent legislation or barred by the doctrine of laches. Plaintiff, the town of Glastonbury, brought this action seeking a determination that, prior to 2014, the Metropolitan District Commission (Defendant), a quasi-municipal corporation that provides potable water to eight member and five nonmember towns, unlawfully imposed surcharges on it and other nonmember towns. While the action was pending, the legislature enacted No. 14-21 of the 2014 Special Acts (S.A. 14-21), which authorized Defendant to impose a surcharge on nonmember towns under certain conditions. Defendant filed a motion to dismiss, arguing that S.A. 14-21 was retroactive and rendered Plaintiff’s claim moot. The trial court denied the motion, ruling that the special act was not retroactive and that the surcharges imposed prior to the passage of the special act were unlawful. The Supreme Court affirmed. View "Glastonbury v. Metropolitan District Commission" on Justia Law

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The Town of Middlebury and sixteen residents and entities situated in Middlebury and nearby towns (collectively, Plaintiffs), appealed the dismissal of their appeal from the decision of the Connecticut Siting Council granting CPV Towantic, LLC’s petition to open and modify a certificate for an electric generating facility. The Supreme Court affirmed, holding that the trial court properly determined that the council had adequately considered neighborhood concerns in accordance with Conn. Gen. Stat. 16-50p(c)(1) where Plaintiffs failed to meet their burden of proving that the council acted contrary to law and ignored the neighborhood concerns that were presented to it. View "Town of Middlebury v. Connecticut Siting Council" on Justia Law

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Kleen Energy Systems, LLC, an electric generating facility, entered into a contract with Connecticut Light and Power Company, an electric distribution company. A dispute subsequently arose concerning the proper interpretation of the contract’s pricing provision. At the request of Waterside Power, LLC, which had entered into a similar contract with Connecticut Light and Power, the Commissioner of Energy and Environmental Protection, acting through the Public Utilities Regulatory Authority (the Authority), conducted proceedings to resolve the dispute. Kleen Energy was a participant in, but not a party to, those proceedings. Waterside subsequently filed a petition for a declaratory ruling challenging the decision. The Authority issued a declaratory ruling denying Waterside relief. Kleen Energy filed an administrative appeal from the Authority’s ruling, claiming that it had a contractual right to submit the dispute to arbitration and that the Authority lacked jurisdiction to issue a declaratory ruling to resolve the dispute. The trial court ultimately concluded (1) the Authority had jurisdiction to issue a declaratory ruling to resolve the dispute, (2) Kleen Energy had waived its contractual right to arbitration, and (3) the Authority had properly resolved the dispute. The Supreme Court reversed, holding that the trial court erred in determining that the Authority had jurisdiction to resolve the pricing dispute. View "Kleen Energy Sys., LLC v. Comm’r of Energy & Envtl. Prot." on Justia Law

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The Connecticut Siting Council approved a proposed project of the Connecticut Light and Power Company. Plaintiffs appealed the siting counsel’s decision while the power company’s motion for reconsideration of the decision, with regard to the denial of a second project, was still pending. The siting council subsequently granted the motion for reconsideration and approved the second project. The trial court dismissed Plaintiffs’ appeal. The appellate court affirmed, concluding that the trial court lacked subject matter jurisdiction because Plaintiffs had not appealed from a final decision of the siting council. The Supreme Court affirmed, holding that the appellate court did not err in its judgment.View "Citizens Against Overhead Power Line Constr. v. Conn. Siting Council" on Justia Law