§ 16-32l — Residential customer credits for distribution-system service outage. Recovery of costs. Waiver of requirements.

(a) For the purposes of this section: (1) “Emergency” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought or fire explosion that results in sixty-nine per cent or less of the electric distribution company's customers experiencing an outage at the period of peak electrical demand; (2) “Electric distribution company” has the same meaning as provided in section 16-1 ; and (3) “After the occurrence of an emergency” means the conclusion of the emergency, as determined by the authority in its discretion, through a review of the following: (A) The time when the electric distribution company could first deploy resources safely in its service territory; (B) the first of any official declarations concerning the end of the emergency; or (C) the expiration of the first of any National Weather Service warning applicable to the service territory. (b) Notwithstanding any other provision of the general statutes, on and after July 1, 2021, each electric distribution company shall provide to residential customers of such company a credit of twenty-five dollars, on the balance of such customer's account, for each day of distribution-system service outage that occurs for such customers for more than ninety-six consecutive hours after the occurrence of an emergency. (c) Any costs incurred by an electric distribution company pursuant to this section shall not be recoverable. (d) Not later than fourteen calendar days after the occurrence of an emergency, an electric distribution company may petition the authority for a waiver of the requirements of this section. Any petition for a waiver made under this subsection shall include the severity of the emergency, line and restoration crew safety issues and conditions on the ground, and shall be conducted as a contested case proceeding. The burden of proving that such waiver is reasonable and warranted shall be on the electric distribution company. In determining whether to grant such waiver, the authority shall consider whether the electric distribution company received approval and reasonable funding allowances, as determined by the authority, to meet infrastructure resiliency efforts to improve such company's performance. (e) On or before January 1, 2021, the Public Utilities Regulatory Authority shall initiate a proceeding to consider the implementation of the residential customer credit and waiver provisions of this section and establish circumstances, standards and methodologies applicable to each electric distribution company and necessary to implement the provisions of this section, including any modifications to the ninety-six-consecutive-hour standard in subsection (b) of this section. The authority shall issue a final decision in such proceeding on or before July 1, 2021.

Legislative History

(Sept. Sp. Sess. P.A. 20-5, S. 10; P.A. 23-102, S. 17, 18.) History: Sept. Sp. Sess. P.A. 20-5 effective October 2, 2020; P.A. 23-102 amended Subsec. (a) by redefining “emergency” in Subdiv. (1), designating definition of “electric distribution company” as Subdiv. (2), and adding Subdiv. (3) defining “after the occurrence of an emergency”, and amended Subsec. (d) by replacing “employee” with “line and restoration crew”.