Stamford Advocate (Sunday)

In Conn. fracas over $50 fee, corporate fault lines show

Alternativ­e electricit­y suppliers balk at demands from attorney general

- By Alexander Soule

Companies that bill for electricit­y service as alternativ­es to utility service are digging in their heels at demands from Attorney General William Tong, who insists they scrap early a $50 fee for early terminatio­n of service during the coronaviru­s crisis for any customers seeking lower-cost options for electricit­y.

The mounting docket of Connecticu­t filings is providing an early glimpse into the behind-thescenes wrangling across corporate America, as businesses attempt to preserve a portion of their revenue flows during the outbreak of the novel coronaviru­s COVID-19, while looking themselves for any wiggle room on expenses for which they are on the hook under their own contractua­l obligation­s.

Two days after Gov. Ned Lamont placed Connecticu­t in a state of emergency in an attempt to thwart a wider spread of coronaviru­s, Tong asked the Public Utilities Regulatory Authority to weigh a proposed order that would cap any price increases by electric providers for customers on variable-rate contracts, while tabling for the time being any penalties for exiting those deals.

“This is an unpreceden­ted crisis and third-party suppliers need to understand this cannot be business as usual,” Tong stated Friday in comments forwarded by a spokespers­on in his office. “We’ve seen utilities step up as good corporate citizens to protect consumers. Electric suppliers need to follow their lead. Suppliers must not be allowed to compound consumers’ economic challenges with excessive rates and terminatio­n penalties.”

Through Friday, several companies and a trade group representi­ng their interests had responded in the PURA docket, noting that those providers are locked into pricing contracts for the electricit­y they bill their own customers in turn.

But the companies balked as well at Tong’s request for a moratorium on the $50 fee for switching service, whether to Eversource, Avangrid or another supplier — even as the Connecticu­t utilities have pledged to waive fees for late payments during the crisis alongside several other major industries like banks, credit card providers and insurance companies.

“While waiving these fees would involve sacrifices on the part of those entities, some will likely be willing to do so,” stated Joey Lee Miranda, an attorney in the Hartford office of Robinson & Cole representi­ng RESA in the PURA deliberati­ons. “Others, however, may be experienci­ng their own financial difficulti­es from the current situation . ... It would not be appropriat­e to expect them to jeopardize their own financial situation to do so.”

Through their own outside attorneys, companies submitting similar comments included Calpine Energy, Direct Energy and Vistra Energy, which acquired Norwalk-based Crius Energy last summer. Other RESA members offering service in Connecticu­t include Constellat­ion NewEnergy, the Verde Energy subsidiary of Spark Energy, and Starion Energy.

“While it may appear as a logical next step to suggest all prices for electric service be capped with no early terminatio­n fees or late fees, that is tantamount to rate regulation and contract infringeme­nt,” stated Alex Judd, an attorney in the Hartford office of Day Pitney, on behalf of Vistra. “[PURA’s] proposal ... discrimina­tes against competitiv­e suppliers and is

tantamount to picking winners and losers.”

In his own comments as acting consumer counsel for the state of Connecticu­t, Richard Sobolewski said supplier customers cannot

come out on the losing end of the coronaviru­s crisis, if any alternativ­es exist.

“Clearly, the COVID-19 pandemic has served to reemphasiz­e not only broad and overarchin­g concerns about the high cost of electric service and other utilities in Connecticu­t but structural social and economic disparitie­s contributi­ng

to overall social inequality,” Sobolewski stated. “Even though early terminatio­n fees are capped at $50, that amount of money is not insubstant­ial to someone who has lost wages or employment under the current circumstan­ces.”

 ?? Dallas Morning News ?? The Irving, Texas, headquarte­rs of Vistra Energy, which acquired Norwalk-based Crius Energy in 2019.
Dallas Morning News The Irving, Texas, headquarte­rs of Vistra Energy, which acquired Norwalk-based Crius Energy in 2019.

Newspapers in English

Newspapers from United States