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Utility Regulatory News

The utility reporter specializing in weekly coverage of state PUC rulings.

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News Excerpts From a Recent Utility Regulatory News
LETTER # 4055 -- January 27, 2012

RTO TARIFFS
Court Affirms FERC Action on Demand Response/Aggregation Terms

A federal appeals court has upheld as being both equitable and reasonable a Federal Energy Regulatory Commission (FERC) ruling that approved a tariff submitted by a regional transmission organization (RTO). Aimed at demand response measures and customer aggregation, the subject tariff designated retail electric distribution utilities as the party responsible for determining whether customers are eligible to offer demand response to aggregators of retail customers (ARCs) that are members of the RTO (PJM Interconnection). The commission’s acceptance of the tariff was challenged by several opponents, including the Indiana Utility Regulatory Commission (URC), who argued that FERC had acted arbitrarily and capriciously in tasking utilities, as opposed to ARCs, with certifying a customer as qualified to place demand response into the market. ...

MERGERS & ACQUISITIONS
Connecticut Asserts Review Authority Over NU/NSTAR Deal

Reversing course, the Connecticut Public Utilities Regulatory Authority (PURA) has decided that its approval is necessary before the proposed merger of Northeast Utilities (NU) and NSTAR can go forward. The agency had previously declined to exercise jurisdiction in the matter, finding that because both parties are Massachusetts-based holding companies, their joinder would have no impact on any Connecticut operating subsidiary (see Letter No. 4026). However, upon consideration of new arguments submitted by various intervenors from the original proceeding, the PURA determined that the transaction could affect Connecticut service companies, thus triggering PURA oversight. ...

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