The Day

Eversource boss Judge to testify at legislativ­e hearing

Utility facing questions after prolonged outages

- By MARK PAZNIOKAS

With the performanc­e of Eversource Energy suddenly a potent election-year issue, the chief executive of the publicly traded utility has agreed to testify before a state legislativ­e committee whose leaders proposed sweeping regulatory reforms Monday.

Jim Judge, the Eversource chairman and president who largely disappeare­d from public view after a massive power outage, will appear before the legislatur­e’s Energy and Technology Committee, whose leaders outlined bipartisan regulatory review legislatio­n.

“My sense is that there is a better understand­ing of the fact that he didn’t manage a number of things well, including the P.R. side of this, where I think they really screwed up,” said Sen. Norm Needleman, D-Essex, the committee co-chairman.

Eversource, which delivers electricit­y to most of Connecticu­t and large swaths of Massachuse­tts and New Hampshire as a regulated monopoly, struck a relatively contrite tone in confirming Judge’s willingnes­s to testify later this month about

what was a nine-day outage in some places after Tropical Storm Isaias.

“While we mobilized the largest restoratio­n effort Connecticu­t has seen in order to get the power back on for every customer, we understand the frustratio­n our customers and political leaders are feeling,” said Tricia Taskey Modifica, the Eversource media relations manager. “We’ll participat­e in the regulatory and legislativ­e process to ensure we understand why this storm had such a severe impact, and ultimately to figure out what can be done better.”

Judge was roundly condemned for his refusal to join Gov. Ned Lamont in taking questions outside Eversource offices on Aug. 5, a day after 800,000 Eversource customers lost power after a tropical storm veered to the west, leaving most of Connecticu­t on the windward side of a storm that snapped branches and uprooted trees.

At the same press event, the chairman of the Public Utilities Regulatory Authority said that Eversource badly underestim­ated the threat of the storm by preparing for between 125,000 and 380,000 outages.

The performanc­e of Eversource and to a lesser extent the smaller United Illuminati­ng, which serves New Haven, Bridgeport and 15 other communitie­s, has sparked an investigat­ion by PURA and bipartisan calls for a deep review of how well the utilities perform and the state regulates them.

Needleman and his energy co-chairman, Rep. David Arconti, D-Danbury, and the panel’s two ranking Republican­s, Sen. Paul Formica of East Lyme and Rep. Charles Ferraro of West Haven, outlined a “Take Back Our Grid Act,” less an actual bill than ambitious list of topics to be potentiall­y tackled in a special session next month and the regular session in January.

Among other things, the legislatio­n would set minimum staffing levels, increase PURA’s power to impose civil penalties, making the utilities liability for damages caused by certain outages, and impose a rate freeze for two years.

With new leadership at PURA and on the Energy and Technology Committee, Needleman said the opportunit­y exists for a fresh look at complex system.

In Connecticu­t, whose residents pay some of the highest electric rates in the U.S., the production of electricit­y is a largely deregulate­d commodity sold in a market that is competitiv­e, but only within stateset parameters. The delivery of that electricit­y to homes and business is a regulated business with two major players that enjoy geographic monopolies, Eversource and UI.

“I’m really committed to going back to ground zero on this,” Needleman said. “I think we really need to look at how we got here.”

The hearing was originally called to examine the factors behind an Eversource rate increase, then dramatical­ly broadened after the blackout.

“These two events have convinced us that it is time we had a serious conversati­on on what can be done to protect the ratepayers going forward,” Ferraro said.

The part-time General Assembly consistent­ly has proven unequal to the task of reforming the complex system. Eversource and UI are among the most influentia­l interests at the State Capitol, and the complexity of the issue in most years has been an ally to company efforts to maintain the status quo.

“We’re just outgunned. We’re outgunned and outbought,” Needleman said.

The hearing is tentativel­y scheduled for Aug. 27. Lawmakers would prefer to question Judge face-to-face, but a video conference is more likely, given the social-distancing precaution­s in place during the COVID-19 pandemic.

Arconti said a special session could address limited issues involving requiring the utilities to reimburse ratepayers for the loss of food and medicine due to an outage that he says was prolonged by poor planning before the storm and communicat­ion in its aftermath.

“The breakdown in communicat­ion that occurred between the utilities and their customers and the utilities and local election officials of our municipali­ties was completely unacceptab­le,” he said.

Needleman is currently the first selectman of Essex and Formica once held that role in East Lyme. Both said the utilities’ failed to communicat­e with customers and local officials.

“Let’s try to bring some relief now and take a deeper dive in next year’s legislativ­e session, talking about things like reinventin­g utilities and grid modernizat­ion,” Formica said.

Judge was jubilant in a message to shareholde­rs in March about the company’s reliabilit­y and profitabil­ity, assuring them Eversource was coming off its “most successful year ever.”

The Eversource trustees agreed, paying Judge a $3 million bonus that swelled his compensati­on for the year to $19.8 million. Shareholde­rs didn’t object. The stock price had soared from $65.04 to $85.07, a gain of 31% over 12 months. And the reliabilit­y of the company’s electric distributi­on system was in the industry’s top 10%.

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