Section 815-RICR-00-00-5.7 - Division Investigation into Public Utility Performance; RemediesA. Investigations 1. The Division may open a full investigation, upon its own initiative, to review the performance of any electric distribution or natural gas distribution company in restoring service during an Emergency Event. Nothing herein shall prohibit any affected city or town from filing a complaint with the Division pursuant to the provisions of R.I. Gen. Laws § 39-2-27.B. Penalties 1. If after an investigation the Division finds a violation of established standards established, the Division shall levy a penalty pursuant to the provisions of R.I. Gen. Laws § 39-2-27. In assessing any penalties, the Division may consider: a. the gravity of the violation;b. the appropriateness of the penalty to the size of the Public Utility;c. the good faith of the Public Utility in attempting to achieve compliance; andd. the degree of control that the Public Utility had over the circumstances that led to the violation.2. Any penalty levied by the Division against a Public Utility for any violation of the Division's standards established in R.I. Gen. Laws § 39-2-27 shall be credited back to the Public Utility's customers in a manner determined by the Commission.3. Recovery of Service Restoration Costs. If after investigation the Division finds that, as a result of the failure of the Public Utility to implement its ERP, the length of the Service Interruptions or outages was materially longer than they would have been but for the Public Utility's failure, the Division may seek to disallow the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the Service Interruptions or outages.815 R.I. Code R. 815-RICR-00-00-5.7
Adopted effective 6/30/2024