§ 39-31-7. Duties of the commission.
(a) The commission shall approve any proposals made by the electric or gas distribution
company that are commercially reasonable and advance the purposes of this chapter.
The commission's authority shall include, without limitation, the authority to:
(1) Approve long-term contracts entered into pursuant to the goals and provisions of this
chapter for large-scale hydroelectric power, nuclear power and renewable energy resources,
as defined by § 39-26-5(a);
(2) Approve long-term contracts for natural-gas-pipeline infrastructure and capacity consistent
with the purposes of this chapter;
(3) Approve rate-recovery mechanisms proposed by the electric and gas distribution companies
relating to costs incurred under this chapter by the electric and gas distribution
company that facilitate the multistate or regional sharing of costs necessary to implement
electric transmission and natural-gas-pipeline infrastructure projects pursued under
this chapter, including any costs incurred through the Federal Energy Regulatory Commission
approved tariffs related to such multistate or regional energy infrastructure procurements;
(4) Address any proposed changes to standard-offer procurements, standard-offer pricing,
and retail-choice rules;
(5) Provide for the recovery of reasonable net costs from all distribution customers incurred
by the electric and gas distribution company in furtherance of the purposes of this
chapter that may include, but are not limited to, costs to solicit, evaluate, and
seek approval of such contracts as well as net costs incurred under any contracts
approved by the commission under this section and costs associated with the management
of incremental capacity resulting from interstate gas-pipeline-expansion projects
pursued pursuant to this chapter and costs associated with investments in local gas-distribution-network
assets necessary to implement such interstate gas-pipeline-expansion projects;
(6) Nothing herein is intended to prohibit the commission from allowing the electric distribution
company to use the energy, capacity, and other attributes purchased for resale to
customers and approve tariffs that charge those customers for the energy, capacity,
and other attributes from the resale to those customers; and/or to use the NE-GIS
certificates for purposes of meeting the obligations set forth in chapter 26 of this
title ("renewable energy standard�);
(7) Approve cost allocation proposals filed by the gas distribution company and/or the
electric distribution company that appropriately allocate offshore wind costs incurred
under § 39-31-10, natural gas infrastructure and capacity costs incurred under § 39-31-6 between electric and gas distribution customers of the electric and gas distribution
company in a manner proportional to the energy benefits accrued by Rhode Island's
gas and electric customers from making such investments. In making its determination,
the commission shall consider projected reductions in regional, wholesale electric
prices as a benefit that accrues to electric ratepayers. The allocation of costs shall
include all distribution customers, regardless from whom they are purchasing their
commodity service; and
(8) Approve any other proposed regulatory or ratemaking changes that reasonably advance
the goals set forth herein.
(b) The grant of authorizations under this chapter shall not be construed as creating
a mandate or obligation on the part of the electric and gas distribution company to
enter into any contracts or file any proposals pursuant to this chapter.
(c) The public utilities commission shall docket any proposals made by the office of energy
resources and division of public utilities and carriers pursuant to § 39-31-4. Docket materials shall be posted and maintained on the commission's website. The
commission shall conduct proceedings, as provided below, solely for the purpose of
determining whether the proposed infrastructure projects, if implemented, are in the
public interest and no commitments shall be valid or authorized without such finding
being made by the commission. The validity and approval of any commitments made by
the electric or gas distribution company in furtherance of the purposes of this chapter
shall be separate and subject to § 39-31-5. The docket opened pursuant to this subsection shall proceed as follows:
(1) The following state agencies shall provide advisory opinions to the commission on
the topics specified below within sixty (60) days from the docketing date:
(i) The department of environmental management (DEM) shall provide an advisory opinion
on the expected greenhouse gas emissions and statewide environmental impacts resulting
from the proposed project(s), including a determination as to whether the proposed
project(s) advance the goals of chapter 6.2 of title 42 (the "2021 Act on Climate�).
(ii) The commerce corporation shall provide an advisory opinion on the expected statewide
economic impacts resulting from the proposed project(s).
(2) The commission shall notify the aforementioned agencies upon the filing of any proposal
made under this section, and notify them of any related hearings and/or proceedings.
(3) Advisory opinions issued by agencies designated under subsection (c)(1) of this section
shall not be considered as final decisions of the agencies making the opinions and
shall not be subject to judicial review under § 42-35-15 or any other provision of the general laws.
(4) Upon completion of the sixty-day (60) advisory-opinion period, the commission shall
provide for a thirty-day (30) public comment period on any energy infrastructure project(s)
selected pursuant to this chapter and hold evidentiary hearings. In addition to evidentiary
hearings, the commission shall also hold at least one public hearing to accept public
comment on the proposal(s) prior to an open meeting held pursuant to this section.
(5) The commission shall hold an open meeting no later than one hundred twenty (120) days
from the date of filing by the office of energy resources and division of public utilities
and carriers and shall certify that the proposed project(s) are in the public interest
if, in the commission's determination, and in consideration of filed advisory opinions
and the opinion of the electric or gas distribution utility, the proposed infrastructure
project(s):
(i) Are consistent with the findings and purposes of this chapter;
(ii) Will benefit Rhode Island by improving local and regional energy system reliability
and security;
(iii) Will benefit Rhode Island ratepayers by offering the potential for reduced energy
price volatility and reduction of energy supply costs in the context of an integrated
regional energy system;
(iv) Will not cause unacceptable harm to the environment and are consistent with the greenhouse
gas reduction goals established in chapter 6.2 of title 42 (the "2021 Act on Climate�); and
(v) Will enhance the economic fabric of the state.
(6) The commission shall issue a written determination of its findings within ten (10)
business days of its open-meeting decision and provide copies of that determination,
along with copies of all advisory opinions, public comment, and any other materials
deemed relevant to the commission determination, to the governor, the president of
the senate, the speaker of the house, the commissioner of the office of energy resources,
and the administrator of the division of public utilities and carriers.
(d) A determination issued by the commission shall constitute the sole, final, binding,
and determinative regulatory decision within the state for the purpose of authorizing
the state to support a proposed, regional energy-infrastructure project(s) that is
funded through the Federal Energy Regulatory Commission approved tariffs on a regional
and/or multistate basis pursuant to this chapter. Appeals shall be governed by § 39-5-1.
(e) Upon issuance of a written determination by the commission finding that the proposed
project(s) is in the public interest, the office of energy resources and division
of public utilities and carriers shall, on behalf of the state, be authorized to support
any state, regional, and/or multistate process necessary to implement the project(s),
including, without limitation, supporting any necessary and related Federal Energy
Regulatory Commission filings; provided, however, that any commitments made by the
electric or gas distribution company to implement the proposals remain voluntary and
subject to § 39-31-5.
(f) Nothing in this section shall be construed to preclude the electric or gas distribution
company from making a filing under § 39-31-6, simultaneous with a filing under this section by the office of energy resources
and the division of public utilities and carriers, in which case the filings made
under §§ 39-31-6 and 39-31-7 shall be consolidated.