§ 16-35 — Appeals to Superior Court. Uncontested proceedings re acquiring electricity products or services. Stays of orders of authority.

Connecticut § 16-35

• Jurisdiction: Connecticut
• Title 16: Public Service Companies
• Ch. 277: Department of Energy and Environmental Protection. Public Utilities Regulatory Authority. Office of Consumer Counsel. Miscellaneous Provisions

Text

(a) Any person, including but not limited to a company, town, city, borough or corporation aggrieved by any order, authorization or decision of the Public Utilities Regulatory Authority, except an order, authorization or decision of the authority approving the taking of land, in any matter to which such person was or ought to have been made a party or intervenor, may appeal therefrom in accordance with the provisions of section 4-183. Such person so appealing shall give bond to the state, with sufficient surety, for the benefit of the adverse party, in such sum as the authority fixes, to pay all costs in case such person fails to sustain such appeal. No municipality or political subdivision shall be determined not to be aggrieved solely because there are other persons who are similarly affected by the order, authorization or decision of the authority. (b) Any person who may appeal an order, authorization or decision of the authority under subsection (a) of this section who was an intervenor or, after timely application, was denied intervenor status to the authority proceeding, shall be limited to raise on appeal only those issues that (1) such person addressed during the proceeding or were addressed in the final decision, or (2) such person raised in his request for intervenor status if he was denied intervenor status. (c) Notwithstanding any provision of this title and title 16a, proceedings in which the Public Utilities Regulatory Authority conducts a request for proposals or any other procurement process for the purpose of acquiring electricity products or services for the benefit of ratepayers shall be uncontested. (d) In ruling upon an application for a stay filed to the Public Utilities Regulatory Authority by a person who is a party or intervenor in a proceeding, the authority may only stay enforcement of a civil penalty if the person who appeals the order, authorization or decision that imposed such penalty provides an escrow deposit, bond or other surety equal to the total amount of such penalty. To obtain a stay of enforcement from the authority of any other order, authorization or decision of the authority, the person who appeals such order, authorization or decision shall bear the burden of demonstrating that: (1) There is a strong likelihood that the appeal will succeed; (2) such person will suffer substantial and irreparable harm absent a stay; and (3) the stay will not be harmful to the public interest.

Legislative History

(1949 Rev., S. 5425; 1971, P.A. 870, S. 42; P.A. 75-486, S. 15, 69; P.A. 76-436, S. 357, 681; P.A. 77-603, S. 41, 125; 77-614, S. 162, 610; P.A. 80-482, S. 4, 40, 72, 345, 348; P.A. 96-247, S. 1; P.A. 11-80, S. 1; P.A. 13-298, S. 12; P.A. 23-102, S. 11.) History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous appeal provision with statement that appeals are to be made in accordance with Sec. 4-183; P.A. 77-614 replaced the authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 96-247 lettered existing section as Subsec. (a), made technical changes and added provision prohibiting a determination that a municipality or political subdivision is not aggrieved solely because other persons are similarly affected and added Subsec. (b) re issues that may be raised on appeal; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011; P.A. 13-298 added Subsec. (c) re uncontested proceedings for acquiring electricity products or services, effective July 8, 2013; P.A. 23-102 added Subsec. (d) re applications to authority for stays of enforcement of authority orders, authorizations or decisions, effective June 29, 2023. Superior Court on appeal has the same discretionary powers as commissioners; 57 C. 172, but see 78 C. 301; 97 C. 459. Where it does not appear that proceeding was under special act making commissioners' decision final, appeal was held valid under section. 70 C. 328. Legality of condition imposed by municipality in approving layout proper question for appeal. 74 C. 102. So question as to powers of commissioners. 78 C. 226. Provision for notice is directory. Id., 301. Nature of appeal. Id.; 80 C. 638; 86 C. 36; 88 C. 471; 89 C. 537; 91 C. 134; Id., 698; 97 C. 459; 99 C. 285. One to whom notice of hearing is not required to be given may appear before commissioners and appeal. 82 C. 135. Court does not try case de novo; appellant must show he is aggrieved by an illegal or unauthorized act. 86 C. 36, but see 99 C. 285. Appeal is confined to judicial or quasi-judicial questions. 97 C. 459. Appeal lies in condemnation matter as well under special charter as general law. 81 C. 18. Party whose interests are affected may appear before commissioners and appeal from their decision. 82 C. 135; 84 C. 34. Way in which party is aggrieved need not be stated. Id., 33. Unnecessary injury to abutting owners in construction of road proper ground of appeal. Id., 46. Questions open on appeal from order for relocation of tracks in highway; unreasonable order is unlawful; reasonableness affected by cost of change compared with railroad's whole income. 95 C. 31, 32. Scope of review by Superior Court. 145 C. 243. Cited. 147 C. 229; 148 C. 336; 149 C. 481; 154 C. 674, 678; 158 C. 626; 159 C. 327; 161 C. 215; 162 C. 51; 165 C. 114. Federal criteria for establishing aggrievement had no relevance here. 165 C. 687. Cited. 166 C. 328; 168 C. 478; 170 C. 3. Right of appeal is purely statutory and is allowed only if conditions fixed by statute are met. 171 C. 387. Cited. 175 C. 30; 176 C. 191; 183 C. 128; 197 C. 320; 210 C. 349; 216 C. 627; 219 C. 51; 234 C. 624; 235 C. 334. Cited. 37 CA 423. Sec. 4-183(a) places jurisdictional requirement of a final decision on appeals taken under this section. 64 CA 134. Cited. 29 CS 152; 30 CS 149. Interim rate increase order by commission, with refund provision, not applicable and final order renders appeal moot; right of appeal is not constitutional, but statutory privilege requiring strict compliance with rules of law; not repealed by enactment of Ch. 54, but constitutes “other means of review, redress, relief, or trial de novo” referred to in Sec. 4-183(a). 31 CS 65. Cited. 33 CS 175; 38 CS 24; 40 CS 520; 42 CS 217. Subsec. (c): By designating proceedings involving an energy procurement process as “uncontested”, the legislature elected to not provide for a right to judicial review in such proceedings. 224 CA 688.