STATE OF CONNECTICUT

PUBLIC UTILITIES REGULATORY AUTHORITY

TEN FRANKLIN SQUARE
NEW BRITAIN, CT 06051

DOCKET NO. 23-01-32RE01 PURA CONSIDERATION OF CIVIL PENALTY AND

ENFORCEMENT ACTION AGAINST THE
CONNECTICUT LIGHT AND POWER COMPANY
D/B/A EVERSOURCE ENERGY AFTER
INVESTIGATION OF EVERSOURCE’S MANNER OF
OPERATION AND SAFETY REGARDING ITS
UNDERGROUND ELECTRIC DISTRIBUTION
SYSTEM

February 21, 2024

By the following Commissioners:

Marissa P. Gillett
John W. Betkoski, III
Michael A. Caron

DECISION
 TABLE OF CONTENTS

I. INTRODUCTION ..........................................................................................................1
A. SUMMARY ................................................................................................................1
B. BACKGROUND OF THE PROCEEDING ..........................................................................1
C. CONDUCT OF THE PROCEEDING ................................................................................2
D. PARTIES ...................................................................................................................2

II. APPLICABLE STATUTES AND REGULATIONS ......................................................2

III. AUTHORITY ANALYSIS..............................................................................................3

A. VIOLATION OF CONN. GEN. STAT. § 16-16 AND CONN. AGENCIES REGS. § 16-16-3(A)
3
B. VIOLATION OF CONN. AGENCIES REGS. § 16-16-3(B)................................................4
C. VIOLATION OF CONN. AGENCIES REGS. § 16-16-3(E) ................................................4

IV. ASSESSMENT OF CIVIL PENALTIES .......................................................................7

A. CONN. GEN. STAT. § 16-16 AND CONN. AGENCIES REGS. §§ 16-16-3(A) AND (B) .....7
B. CONN. AGENCIES REGS. § 16-16-3(E) ......................................................................7

V. CONCLUSION AND ORDERS ....................................................................................8

A. CONCLUSION ............................................................................................................8
B. ORDERS ...................................................................................................................8
 DECISION

I. INTRODUCTION

A. SUMMARY
The Public Utilities Regulatory Authority (Authority or PURA) finds that The
Connecticut Light and Power Company d/b/a Eversource Energy (Eversource or
Company) violated Conn. Gen. Stat. § 16-16 and Conn. Agencies Regs. § 16-16-3.
Consequently, the Authority fines Eversource Twenty-Three Thousand dollars ($23,000).

B. BACKGROUND OF THE PROCEEDING

Between April 2022 and February 2023, Eversource filed five major accident
reports related to its underground electric distribution infrastructure. The accident reports
arose from the following incidents (Accidents):

(1) Electrical fault in manhole No. 27 at 310 Main Street in Middletown at 11:48
a.m. on April 22, 2022 (Middletown Incident);

(2) Fire in network vault at 29 Main Street in Waterbury at 11:49 a.m. on June 9,
2022 (Waterbury Incident);

(3) Failed splice in or around manhole No. 719 at 128 Black Rock Avenue in New
Britain at 11:14 p.m. on August 3, 2022 (New Britain Incident);

(4) Damaged cable that resulted in dislodged cover at manhole No. 20 at 44

Harwinton Avenue in Torrington at 8:06 a.m. on August 23, 2022 (Torrington Incident);
and

(5) Fire occurred where rubber insulation on the secondary cable ignited at
manhole No. 1029 on Laurel Street in Hartford prior to 3:02 p.m. on February 2, 2023
(Hartford Incident).

By letter dated June 23, 2022 (June 23, 2022 Letter), in Docket No. 08-09-02,
DPUC Review of Regulations Concerning the Requirements of Public Service Companies
and Electric Suppliers to Report Accidents, the Authority stated that the information in the
accident reports for the Middletown and Waterbury Incidents was insufficient regarding
the cause of the incident and the manner of the Company’s response. The Authority
directed Eversource to refile its accident reports for those incidents and include all known
significant facts for the cause of the incident, steps taken by Eversource to protect public
safety and to make repairs, and ways to prevent future incidents. Eversource provided
its response on July 1, 2022, but indicated that the cause of the Waterbury Incident was
still under investigation.
 Docket No. 23-01-32RE01 Page 2

On January 25, 2023, the Authority opened Docket No. 23-01-32, Investigation
Into Eversource’s Manner of Operation and Safety Regarding its Underground Electric
Distribution System, to evaluate Eversource’s practices regarding prevention of and
response to accidents, including filing adequate accident reports, and to determine
whether the Company violated any applicable provisions of the General Statutes of
Connecticut, Regulations of Connecticut State Agencies, or Authority orders. The
investigation culminated in a final decision (Accident Decision) issued on November 22,
2023, which detailed the Authority’s findings as to the prudency of the Company’s
accident reporting. The Authority found that the Company’s reporting of the Accidents
violated certain statutes and regulations applicable thereto, potentially subjecting the
Company to a notice of violation.

C. CONDUCT OF THE PROCEEDING

On November 22, 2023, as a result of the Authority’s findings in the Accident
Decision and in accordance with Conn. Gen. Stat. §§ 16-16 and 16-41, the Authority
issued a Notice of Violation and Assessment of Civil Penalty (NOV) in the instant docket
against Eversource for violations of Title 16 of the General Statutes of Connecticut and
orders or regulations adopted by the Authority.

Pursuant to Conn. Gen. Stat. § 16-41(d), the Company requested a hearing

through Motion No. 1 on December 11, 2023. On December 13, 2023, the Authority
issued a Notice of Proceeding and a Procedural Order and Notice of Hearing. The
Company submitted pre-filed testimony (PFT) and exhibits on January 8, 2024.

The Authority conducted a noticed public hearing in accordance with Conn. Gen.
Stat. § 16-41 on January 16, 2024. During the hearing, the Company had the opportunity
to present additional direct testimony and exhibits to contest the allegations in the NOV.
On January 26, 2024, Eversource and the Office of Consumer Counsel (OCC) filed briefs.

D. PARTIES
The Authority recognized the following as Parties to the proceeding: Eversource,
107 Selden Street, Berlin, CT 06037; OCC, Ten Franklin Square, New Britain, CT 06051;
and the Commissioner of the Department of Energy and Environmental Protection, 55
Elm Street, Hartford, CT 06106.

II. APPLICABLE STATUTES AND REGULATIONS

Eversource is an “electric distribution company” and a “public service company”
and, as such, is subject to regulation by the Authority under Title 16. See Conn. Gen.
Stat. § 16-1(a)(3), (23).

With respect to accidents, Eversource is subject to Conn. Gen. Stat. § 16-16, which
states that Eversource is required to notify the Authority “of any accident attended with
personal injury or involving public safety, which was or may have been connected with or
due to the operation of its property, . . . by telephone or otherwise, as soon as may be
reasonably possible after the occurrence of such accident, unless such accident is a
minor accident, . . . .” As such, Eversource must notify the Authority “by telephone or
 Docket No. 23-01-32RE01 Page 3

otherwise, as soon as may be reasonably possible after the occurrence of a [Major

Incident].” Id. Further, “[i]f notice of such accident . . . is given otherwise than in writing,
it shall be confirmed in writing within five days after the occurrence of such accident.” Id.
Therefore, if the initial report is not in writing, the statute requires the Company to file a
confirmation within 5 days after the accident. A company failing “to comply with the
provisions of [Conn. Gen. Stat. § 16-16] shall be fined not more than five hundred dollars
for each offense.”1

Additionally, Eversource is subject to specific accident reporting requirements for

major accidents in Conn. Agencies Regs. §§ 16-16-1 through 16-16-4.2 “Major accidents”
are defined as, among other things, “[a]ny explosions, major fires or other cases of serious
damage at any utility facility, . . .” Conn. Agencies Regs. § 16-16-2(a)(9). Eversource
“shall notify the [Authority] of any major accident that occurred in Connecticut or affected
Connecticut residents as soon as possible but no later than 24 hours after the occurrence
or the utility's discovery of the accident.” Conn. Agencies Regs. § 16-16-3(a). “Such
notification shall be electronically filed [or] may be made by telephone . . . or by fax . . . ,
if the filer is unable to file the notification electronically.” Id.

Subsequent to this Immediate Report, a utility “shall submit a written report of the
accident . . . [n]o later than five business days after the occurrence or discovery of a major
accident . . . .” Conn. Agencies Regs. § 16-16-3(b). Such Five-day Report “shall be
electronically filed . . . [or] may be submitted . . . by regular U.S. mail or by fax” if electronic
filing is not available. Id. Notably, “[w]hen additional relevant information is obtained or
becomes available after a report has been submitted under this subsection, the utility
shall file supplemental reports . . . .” Id.

In addition to these timing requirements, the regulations prescribe the specific

information to be included in the reports to the extent such information is known. See
Conn. Agencies Regs. § 16-16-3(e) (identifying 9 discrete types of data for inclusion).

III. AUTHORITY ANALYSIS

A. VIOLATION OF CONN. GEN. STAT. § 16-16 AND CONN. AGENCIES REGS. § 16-16-3(A)
Eversource violated Conn. Gen. Stat. § 16-16 and Conn. Agencies Regs. § 16-16-
3(a) by failing to provide an Immediate Accident Report within 24 hours of the Middletown
Incident. Eversource is required to provide an Immediate Accident Report to the Authority
within 24 hours of the Company’s discovery of the major accident. Conn. Gen Stat. § 16-
16; Conn. Agencies Regs. § 16-16-3(a). Here, the Middletown Incident occurred on April

1 Effective June 29, 2023, Conn. Gen. Stat. § 16-16, as amended by § 12 of Public Act 23-102, An Act
Strengthening Protections for Connecticut’s Consumers of Energy, increased the fine for each violation
from $500 to $1,000.
2 Conn. Gen. Stat. § 16-17 mandates that the Authority investigate “accidents, whether resulting in personal
injury or not, as, in its judgment, require investigation.” The Authority cannot perform this duty if a utility
does not report accidents according to the standards established in Conn. Agencies Regs. §§ 16-16-1
through 16-16-4.
 Docket No. 23-01-32RE01 Page 4

22, 2022; however, the Company did not provide the Immediate Accident Report until
May 10, 2022, 18 days later.

Consequently, the Authority has reason to believe that Eversource violated Conn.
Gen. Stat. § 16-16 and Conn. Agencies Regs. § 16-16-3(a) by failing to timely submit the
Immediate Accident Report.

B. VIOLATION OF CONN. AGENCIES REGS. § 16-16-3(B)

Eversource violated Conn. Agencies Regs. § 16-16-3(b) by failing to provide Five-
Day Accident Reports within five business days of the Middletown Incident and Waterbury
Incident. Eversource is required to provide a Five-Day Accident Report to the Authority
no later than five business days after the Company’s discovery of the major accident.
Conn. Agencies Regs. § 16-16-3(b).

With respect to the Middletown Incident, the Company had knowledge of the
Accident on April 22, 2022, at 2:23 p.m., when notified by first responders, but the
Company did not provide the Five-Day Accident Report to the Authority until May 23,
2022, or 21 business days after the Accident.

With respect to the Waterbury Incident, the Company had knowledge of the
Accident on June 9, 2022, when notified by emergency dispatch, but the Company did
not provide the Five-Day Accident Report to the Authority until June 17, 2022, or six
business days after the Accident.

Consequently, the Authority has reason to believe that Eversource violated Conn.
Conn. Agencies Regs. § 16-16-3(b) by failing to timely submit the Five-Day Accident
Reports.

C. VIOLATION OF CONN. AGENCIES REGS. § 16-16-3(E)

Eversource violated Conn. Agencies Regs. § 16-16-3(e) by failing to include
information in the Immediate and Five-Day Accident Reports. Eversource is required to
include in its Immediate and Five-Day Accident Reports the information listed in Conn.
Agencies Regs. § 16-16-3(e), to the extent such information is known, which includes:
the extent of injuries; total number of injured employees; total number of injured non-
employees; all affected utilities; immediate actions the utility plans to undertake; and
corrective actions, if any, taken or planned to be taken by the utility. Conn. Agencies
Regs. § 16-16-3(e).3 Eversource failed to include information (or otherwise left relevant
fields blank) required pursuant to Conn. Agencies Regs. § 16-16-3(e) in both the

3 Eversource testified that it interprets the phrase “to the extent known” in Conn. Agencies Regs. § 16-16-
3(e) to mean “The Company’s firsthand knowledge of information and not information that the Company
would need to seek to potentially learn of through third-party sources, such as first responders and
hospitals.” PFT, p. 16. Eversource provides no legal or practical support for this position. Conn.
Agencies Regs. § 16-16-3 requires the utility to provide the information required “to the extent known”
and does not limit that information to only information for which the utility has “firsthand knowledge.” If
the Company knows of any of the information, Conn. Agencies Regs. § 16-16-3(e) requires that
Eversource report that information to the Authority.
 Docket No. 23-01-32RE01 Page 5

Immediate and the Five-Day Accident Reports in violation of Conn. Agencies Regs. § 16-
16-3(e), despite having responsive information at the time the Company completed the
reports.4,5 A violation of Conn. Agencies Regs. § 16-16-3(e), may be mitigated by the
voluntary filing of supplemental reports; however, the Company did not do so and only
provided required information in response to the Authority’s investigation.

The Company claims that it “has reasonably relied to its detriment on the fact that
PURA accepted the method the Company used to report accidents . . . .” PFT, p. 22. To
support this claim, Eversource refers to the Authority’s June 23, 2022 letter (June 23,
2022 Letter) to the Company regarding accident reports for the Middletown Incident and
Waterbury Incident filed with the Authority in 2022 (the New Britain, Torrington, and
Hartford Incidents, occurred after the issuance of the Authority’s June 23rd Letter). See
PFT, p. 10; PFT, Ex. ES-MB-5. According to Eversource, the accident reports for the
Middletown and Waterbury Incidents contained blank and completed fields similar to the
Immediate and Five-Day Accident Reports; however, the Authority’s June 23, 2022 Letter
requesting more information from the Company concerning the Middletown Incident and
the Waterbury Incident did not “inform Eversource that the blank fields in those filed
accident reports were allegedly non-compliant with Conn. Agencies Regs. § 16-16-3(e),
nor did PURA request that these fields be filled in and the reports refiled.” PFT, p. 10.
As stated above, whether the Authority previously notified Eversource that blank fields
are unacceptable is irrelevant as to whether a utility violated Conn. Agencies Regs. § 16-
16-3(e) by leaving fields blank; there is no requirement that the Authority notify utilities
that leaving requested information fields blank is a violation of the regulations. In addition,
although the Authority may not have levied civil penalties for blank fields in the other
accident reports, that does not constitute acceptance. At a minimum, the June 23, 2022
Letter put Eversource on notice that its accident reporting is deficient, particularly with
respect to the incidents occurring after June 23, 2022 (i.e., the New Britian Incident,
Torrington Incident, and Hartford Incident).

In relation to the Middletown, New Britain, Torrington, and Hartford Incidents, the
Company testified that “there were no such corrective actions that Eversource needed to
undertake,” and therefore Eversource left this report section blank. PFT, p. 19:4. In
addition, Eversource left the property damage fields for the Middletown, New Britain, and
Torrington Incidents blank “because there was no damage to Eversource property other
than the property damage implicit in a cable fault.” PFT, p. 17:11-13.

4 All the fields in Immediate and Five-Day Accident Reports are relevant as the Authority uses these reports
to determine whether an accident requires investigation, which it cannot do if the report is devoid of
information. By way of example, if there is no property damage or no corrective action taken, the correct
report would state “none”, not be left blank.
5 The Company argues that the Authority is reinterpreting Conn. Agencies Regs. § 16-16-3(e) based on
the Authority’s not previously fining Eversource for failing to provide the required information. Eversource
Brief, p. 14. Eversource provides no legal basis to support this claim. The Authority is not interpreting or
reinterpreting the regulation, which unambiguously requires specific information to be reported. Whether
the Authority previously notified Eversource that blank fields are unacceptable is irrelevant as to whether
a utility violated Conn. Agencies Regs. § 16-16-3(e) by leaving fields blank; there is no requirement that
the Authority notify utilities that leaving blanks are a violation of the regulations. In addition, the Authority
has never stated that leaving fields of accident reports blank is acceptable.
 Docket No. 23-01-32RE01 Page 6

It is imperative that all fields of the accident reports are filled out appropriately as
the Authority uses these reports to determine whether an accident requires investigation,
which it cannot do if the report is devoid of information. If a particular section is not
applicable or the Company is not required to take any action, the report should provide
an appropriate response such as “none.” Leaving a report section blank defeats the
purpose of accident reporting.

1. Middletown Incident

When the Immediate Accident Report and the Five-Day Accident Report were filed
on May 10, 2022, and May 23, 2022, respectively, the Company had sufficient information
to complete the reports; however, Eversource left several report sections blank.
Specifically, the Company provided incomplete information for three sections of the
reports: (1) Information about Property Damage; (2) Immediate Actions; and (3)
Corrective Actions.

2. New Britain Incident

When the Immediate Accident Report and the Five-Day Accident Report were filed
on August 4, 2022, and on August 9, 2022, respectively, the Company had sufficient
information to complete the reports; however, Eversource left several report sections
blank. Specifically, the Company provided incomplete information for three sections of
the reports: (1) Information about Property Damage; (2) Immediate Actions; and (3)
Corrective Action.

3. Torrington Incident

When the Immediate Accident Report and the Five-Day Accident Report were filed
on August 24, 2022, and on August 30, 2022, respectively, the Company had sufficient
information to complete the reports; however, Eversource left several report sections
blank. Specifically, the Company provided incomplete information for three sections of
the reports: (1) Information about Property Damage; (2) Immediate Actions; and (3)
Corrective Actions.

4. Hartford Incident

When the Immediate Accident Report and the Five-Day Accident Report were filed
on February 3, 2023, and on February 7, 2023, respectively, the Company had sufficient
information to complete the reports; however, Eversource left several report sections
blank. Specifically, the Company provided incomplete information for two sections of the
reports: (1) Information about Property Damage; and (2) Corrective Actions.

5. Waterbury Incident

When the Immediate Accident Report and the Five-Day Accident Report were filed
 Docket No. 23-01-32RE01 Page 7

on June 10, 2022, and on June 17, 2022, respectively, the Company had sufficient
information to complete the reports; however, Eversource left the Information about
Property Damage section blank.

IV. ASSESSMENT OF CIVIL PENALTIES

A. CONN. GEN. STAT. § 16-16 AND CONN. AGENCIES REGS. §§ 16-16-3(A) AND (B)
As noted above, the Company belatedly filed the Immediate and Five-Day
Accident Reports related to the Middletown Incident and the Five-Day Accident Report
related to the Waterbury Incident in violation of the Conn. Gen. Stat. § 16-16 and Conn.
Agencies Regs. §§ 16-16-3(a) and 3(b).

The Authority considers these violations of Conn. Gen. Stat. § 16-16 and Conn.
Agencies Regs. §§ 16-16-3(a) and 3(b) to be continuing violations from the time the
reports were due based on the Company’s knowledge of the incident to the time the
Company filed the respective Reports.

With respect to the Middletown Incident, the Authority determines the violation for
the Immediate Accident Report continued for up to 17 days and the violation for the Five-
Day Accident Report continued for 16 business days. Therefore, the Authority prescribes
a civil penalty in the amount of sixteen thousand five hundred dollars ($16,500) for
violations of accident reporting requirements ($500 x 33 days).6

With respect to the Waterbury Incident, the Authority determines the violation for
the Five-Day Accident Report was 1 business day and, therefore, the Authority prescribes
a civil penalty in the amount of five hundred dollars ($500) for violations of accident
reporting requirements ($500 x 1 day).

Accordingly, the Authority will assess a civil penalty in the total amount of
seventeen thousand dollars ($17,000) for violations of accident reporting requirements
relating to the timeliness of the reporting ($500 x 34 days).7

B. CONN. AGENCIES REGS. § 16-16-3(E)

As noted above, the investigation identified at least 12 instances in which the
Company failed to provide information in the Immediate and Five-Day Accident Reports
required by Conn. Agencies Reg. § 16-16-3(e). Accordingly, the Authority will assess a

6Middletown Incident: Company’s knowledge of the incident (April 22, 2022) to the time the Company filed
the Immediate Accident Report (May 10, 2022) and to the time the Company filed the Five-Day Accident
Report (May 23, 2022).
7Eversource testified that it does not dispute that the Company did not meet the accident reporting
timeframes set forth in Conn. Agencies Regs. § 16-16-3(a) and (b) and agrees to pay the $17,000 penalty
attributable to not meeting these timeframes. PFT, p. 6.
 Docket No. 23-01-32RE01 Page 8

fine of $500 per instance for a total of six thousand dollars ($6,000) for violations of the
accident reporting requirements.8

V. CONCLUSION AND ORDERS

A. CONCLUSION
Eversource violated Conn. Gen. Stat. § 16-16 and Conn. Agencies Regs. § 16-16-
3. Consequently, the Authority fines Eversource twenty-three thousand dollars ($23,000).

B. ORDERS
To comply with the order below, the Company shall file an electronic version
through the Authority’s website at www.ct.gov/pura. Submissions filed in compliance with
the Authority’s order must be identified by: Docket Number, Title, and Order Number.

1. No later than 20 days from the date of issuance of the Decision, Eversource shall
pay a total civil penalty of twenty-three thousand dollars ($23,000). The Company
shall pay twenty two thousand five hundred dollars ($22,500) to Operation Fuel,
Inc. (Operation Fuel) to provide financial assistance to customers experiencing
difficulties.9 Such payment shall be made via electronic transfer and when the
Company arranges such payment it shall directly inform Operation Fuel of the
pending transfer by emailing the Chief Financial Officer, Yana Abramovich, at
finance@operationfuel.org, Policy and Public Affairs Associate, Mike Turaj, at
mike@operationfuel.org, and Chief Programs Officer, Gannon Long, at
gannon@operationfuel.org. The email notification shall include the Docket
Number from this proceeding. The Company shall pay the remaining five hundred
dollars ($500) by certified check, company check, bank check or money order,
payable to the order of “Treasurer, State of Connecticut”, or by wire transfer. If the
Company makes payment by check it shall agree to pay any fees associated if the
check does not clear and an interest fee of 1% per annum until the civil penalty is
paid in full. If the Company intends to make payment by wire transfer, the
Company should contact PURA for instructions. This civil penalty shall be
transferred or delivered to the Public Utilities Regulatory Authority, Ten Franklin
Square, New Britain, CT 06051. The payment shall be identified as “23-01-
32RE01 NOV Compliance”. The Company shall provide advance notice of such
payment to the State by email to DEEP.AccountsReceivable@ct.gov stating the
Payer, the amount of payment, and the Docket Number and/or Case Identification
Number. Documentation of both payments shall be contemporaneously submitted
as a compliance filing in this proceeding. The entire penalty, including any portion
paid to Operation Fuel, is assessed as a result of a violation of law and not for

8 Violations of Conn. Agencies Regs. § 16-16-3(e) may constitute continuing violations; however, for this
NOV, the Authority will assess a single penalty per each occurrence.
9 As a condition of receipt of funds, the Authority will request that Operation Fuel provide a report as a
compliance filing in the docket detailing the disbursement of these funds and associated customer
benefits within 45 days of exhausting the $22,500. Such funds shall be distributed in a manner consistent
with the direction contained herein within 24 months of receipt of said funds.
Docket No. 23-01-32RE01 Page 9

purposes of remediation or restitution. Therefore, the entire penalty amount is

nondeductible for tax purposes.
 DOCKET NO. 23-01-32RE01 PURA CONSIDERATION OF CIVIL PENALTY AND
ENFORCEMENT ACTION AGAINST THE
CONNECTICUT LIGHT AND POWER COMPANY
D/B/A EVERSOURCE ENERGY AFTER
INVESTIGATION OF EVERSOURCE’S MANNER OF
OPERATION AND SAFETY REGARDING ITS
UNDERGROUND ELECTRIC DISTRIBUTION
SYSTEM

This Decision is adopted by the following Commissioners:

Marissa P. Gillett

John W. Betkoski, III

Michael A. Caron

CERTIFICATE OF SERVICE

The foregoing is a true and correct copy of the Decision issued by the Public
Utilities Regulatory Authority, State of Connecticut, and was forwarded by Certified Mail
to all parties of record in this proceeding on the date indicated.

February 21, 2024

Jeffrey R. Gaudiosi, Esq. Date
Executive Secretary
Public Utilities Regulatory Authority