SC20716 - GenConn Energy, LLC v. Public Utilities Regulatory Authority ("On appeal to this court, GenConn argues that the
trial court erred in concluding that PURA had acted
within its authority. GenConn contends that PURA
acted outside the scope of its authority under General
Statutes § 16-243u, which specifically addresses peaking generation facilities, when it applied the general
rate-making principles from § 16-19e in adjusting GenConn’s recovery. GenConn also contends that PURA’s
change in methodology in evaluating the 2021 AFRR
application was arbitrary and capricious. For its part,
PURA contends that § 16-243u expressly affords it the
authority to use the rate-making principles in § 16-19e,
and, because it is statutorily obligated to review GenConn’s recovery each year, its decision to lower GenConn’s recovery was not arbitrary and capricious. We
conclude that § 16-243u authorized PURA to determine
GenConn’s recovery using the general rate-making principles found in § 16-19e and that the ‘‘change’’ in PURA’s
methodology does not constitute an arbitrary and capricious decision. Accordingly, we affirm the judgment of
the trial court.")
- SC20716 Dissent - GenConn Energy, LLC v. Public Utilities Regulatory Authority