DPU Order on AG’s Motions to Compel

PRESS RELEASE

For Immediate Release: October 20, 2014 

DEPARTMENT OF PUBLIC UTILITIES SUPPORTS CAPE LIGHT COMPACT

Barnstable, MA– The Massachusetts Department of Public Utilities (“DPU”) issued an order firmly supporting the Cape Light Compact’s position in the proceeding to review its updated aggregation plan. The DPU denied the Attorney General’s efforts to expand the DPU proceeding and to compel certain discovery from the Compact.

“We’re very pleased to get this decision,” said Margaret Downey, the Compact’s Administrator. “The DPU squarely affirms the Compact’s position that the scope of the DPU proceeding was to review the proposed revisions to the Compact’s Aggregation Plan and does not include a review of the Compact’s historical operations.”

The ruling came in DPU 14-69, a review of an update to the Compact’s Aggregation Plan, a document required for operation of a municipal aggregation program. The DPU approved the original Aggregation Plan in August 2000. The update to the Plan, which was submitted in April 2014, addresses changes that have happened since 2000. The updated Plan was subject to a seven week public comment period and multiple public hearings on Cape Cod and Martha’s Vineyard before it was submitted to the DPU.

“This decision is very important because it helps to put issues back into perspective,” said Margaret Downey, the Compact’s Administrator. “It shows that the Compact was correct in following the scope of the review originally outlined by the DPU. The scope didn’t include the types of questions the Attorney General was asking.”

In a spirit of cooperation, the Compact offered at the beginning of the review to answer any of the Attorney General’s questions outside of the ongoing DPU proceeding. The Attorney General never responded to the Compact’s offer. “Ironically, while we were waiting for a response, we were criticized for non-cooperation by parties who should have known better,” Downey said. Recently, despite the Attorney General’s lack of response, the Compact, as a courtesy, sent 525 pages of documents responding to the Attorney General’s inquiries.

“The Attorney General has lost on the same issues in other proceedings before the DPU and sought to re-try the same questions here,” Downey said.   “This should have been a relatively simple process,” Downey said. “We look forward to getting the review back on track and a final decision as soon as possible.”

Based upon the new procedural schedule issued by the DPU on October 16th, briefing on the Compact’s revised aggregation plan will be fully submitted to the DPU by November 21, 2014. At that time, the proceeding will close and rest with the Department for issuance of a final decision.

 

ABOUT CAPE LIGHT COMPACT

Cape Light Compact is an award-winning energy services organization operated by the 21 towns and two counties on Cape Cod and Martha’s Vineyard. The Compact’s mission is to serve its 200,000 customers through the delivery of proven energy efficiency programs, effective consumer advocacy, competitive electricity supply and green power options. For more information, visit www.capelightcompact.org.

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