CPES Policy Committee Update: January 23, 2017

This update features policy, regulatory, legislative, and regional developments in Connecticut and New England. The policy updates are compiled by the CPES New Energy Professionals Team. If you are interested in learning more about the New Energy Professionals, the Policy Committee, or if you have ideas for future policy updates, we would welcome your input and feedback. Please send comments to Kathryn Dube, CPES Executive Director, via email: kdube@ctpower.org.

In this Update:

  • Operational Fuel-Security Analysis Released
  • U.S. Supreme Court denied certiorari in Allco v. Klee
  • Update on the Economic Stability of Millstone
  • CT Legislative Session will convene on Wednesday, February 7th
  • PURA Dockets released in January


On January 17th, ISO New England released its Operational Fuel-Security Analysisa study assessing whether possible future resource combinations have enough fuel to ensure bulk power system reliability throughout an entire winter. The results indicate that maintaining reliability is likely to become more challenging, especially if current power system trends continue. Read the press release, and find more information on the ISO New England website.

The U.S. Supreme Court denied certiorari in Allco v. Klee. In June 2017, the Second Circuit Court of Appeals affirmed the district court’s dismissal. It concluded that Connecticut’s renewable energy procurement program was not preempted by the Federal Power Act and the state’s rule that the state’s RPS program did not violate the dormant Commerce Clause. The opinion is particularly significant because it is the first federal court decision to discuss the scope of the Supreme Court’s 2016 Hughes decision. The Second Circuit’s interpretation of Hughes will inform district courts that are weighing motions to dismiss claims about zero emission credits (ZECs) for nuclear plants. Click here to view the procedural overview courtesy of the State Power Project.  


The Connecticut Department of Energy and Environmental Protection (DEEP) and the Public Utilities Regulatory Authority (PURA) have released a revised draft report in Docket No. 17-07-32: DEEP and PURA Joint Proceeding to Implement the Governor’s Executive Order Number 59. The joint proceeding is tasked with reviewing the economic stability of the Millstone nuclear generating station in Waterford, Connecticut.  The most recent draft report reverses previous conclusions reached by PURA/DEEP regarding Millstone’s retirement risk and supports implementing a multi-tiered solicitation to procure energy from nuclear power facilities such as Millstone. DEEP/PURA have requested comments on the revised draft report which are due this Thursday, January 25, 2018. The notice and draft report are available here: http://www.dpuc.state.ct.us/dockcurr.nsf/All/E08A9CCEF25C28FB8525821D0055E28F?OpenDocument

The 2018 Regular Session of the Connecticut General Assembly convenes on February 7, 2018.  Information about the Energy and Technology Committee is available here.

On January 16, 2018, PURA established the following docket: Docket No. 18-01-31:  2017 Report to the Legislature – Electric Supplier Report 

On January 11, 2018, PURA established the following dockets:
Docket No. 18-01-29:  Annual Report to the Legislature – The State of Electric Competition 
Docket No. 18-01-28:  2018 Report to the General Assembly Regarding the Connecticut Electric Efficiency Partners Program 

On January 3, 2018, PURA established the following docket: Docket No. 18-01-15:  PURA Review of Rate Adjustments Related to the Federal Tax Cuts and Jobs Act