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· 2/10/2023

In re Block Island Power Company Petition for Declaratory Judgment

Syllabus

The petitioner, Block Island Utility District d/b/a Block Island Power Company (BIPCo), filed a statutory petition for the issuance of a writ of certiorari with this Court seeking review of a May 6, 2020 decision and judgment of the Public Utilities Commission (the PUC). A writ of certiorari was thereafter issued. The PUC order at issue denied BIPCo's petition for a declaratory judgment, thereby rejecting BIPCo's request that its interconnection costs associated with a wind farm project off the coast of Block Island should be socialized across all Rhode Island electric ratepayers. BIPCo rooted its contention that the costs should be socialized in the language of G.L. 1956 § 39-26.1-7, the statute that authorized the wind farm. Before the PUC, Narragansett Electric Company d/b/a National Grid and the Division of Public Utilities and Carriers opposed BIPCo's petition. The matter ultimately rested upon a question of statutory interpretation, which this Court reviewed de novo.<br><br>Upon a de novo review of the language in § 39-26.1-7, this Court held in favor of the interpretation reached by the PUC. Further, the Supreme Court observed no other clear error to warrant a reversal of the PUC's decision and judgment. Accordingly, the Supreme Court affirmed the PUC decision and judgment.

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