Connecticut General Statutes
Chapter 277 - Department of Energy and Environmental Protection. Public Utilities Regulatory Authority. Office of Consumer Counsel. Miscellaneous Provisions
Section 16-46. - Dissolution or termination of public service company. Cessation of public service operations.

(a) No public service company shall cease operations as a public service company, dissolve or terminate its corporate existence without the consent of the Public Utilities Regulatory Authority, except a water company, as defined in section 16-262n, shall not cease its operations, or unilaterally discontinue the provision of water service to customers without the consent of both the Public Utilities Regulatory Authority and the Department of Public Health. Upon receipt of a request from a water company to cease its operations or discontinue the provision of water service, the Public Utilities Regulatory Authority, in conjunction with the Department of Public Health, shall hold a public hearing and issue a final decision setting forth the actions the water company shall take to ensure a continuous supply of potable water at adequate volume and pressures, in accordance with the procedures and criteria set forth in sections 16-262n to 16-262q, inclusive.

(b) Any public service company may, with such consent, or in the case of a water company, as defined in section 16-262n, for which a decision has been issued pursuant to section 16-262o, such water company shall, dissolve and terminate its corporate existence in the manner provided for dissolution and termination by such company's charter or certificate of incorporation, provided, if such charter or certificate requires stockholder approval, such approval shall be by not less than two-thirds of the voting power of the shares entitled to vote thereon. If there is no provision for dissolution and termination in such charter or certificate, such company may, with the consent of the Public Utilities Regulatory Authority, or in the case of a water company, the consent of both the Public Utilities Regulatory Authority and the Department of Public Health, dissolve and terminate its corporate existence in any manner provided in part XIV of chapter 601 in the case of a company organized with capital stock or part XI of chapter 602 in the case of a company organized without capital stock. Such dissolution and termination shall take effect upon (1) for a corporation, the filing with the Secretary of the State of a certificate of dissolution, and (2) for an unincorporated entity, the filing of a certificate of dissolution with the Public Utilities Regulatory Authority and the Department of Public Health. In the event of such cessation, dissolution or termination, all claims and rights of creditors shall constitute liens upon the property and franchises of the company and shall continue in existence as long as may be necessary to preserve the same.
(1949 Rev., S. 5437; P.A. 75-486, S. 1, 69; P.A. 77-484; 77-614, S. 162, 610; P.A. 80-482, S. 79, 348; P.A. 95-118, S. 3; 95-257, S. 12, 21, 58; P.A. 96-256, S. 183, 209; 96-271, S. 160, 254; P.A. 06-196, S. 201; P.A. 11-80, S. 1.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-484 replaced previous provision for dissolution upon unanimous vote of persons present at stockholders' meeting with detailed provisions for various manners of dissolution; P.A. 77-614 replaced the authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 95-118 divided section into Subsecs. and added provisions re water company hearing, decision issued pursuant to Sec. 16-262o, involvement of Department of Public Health and Addiction Services and effective date of dissolution of unincorporated entity; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-256 amended Subsec. (b) to replace reference to “part VIII of chapter 600” with “part XI of chapter 602”, effective January 1, 1997; P.A. 96-271 amended Subsec. (b) to replace reference to “part X of chapter 599” with “part XIV of chapter 601”, effective January 1, 1997; P.A. 06-196 made technical changes in Subsec. (b), effective June 7, 2006; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 16 - Public Service Companies

Chapter 277 - Department of Energy and Environmental Protection. Public Utilities Regulatory Authority. Office of Consumer Counsel. Miscellaneous Provisions

Section 16-1. - Definitions.

Section 16-1a. - Reference to Public Utilities Commission deemed to mean Public Utilities Control Authority.

Section 16-1b. - Department of Public Utility Control. Department head.

Section 16-2. - Public Utilities Regulatory Authority. Utility commissioners. Staff.

Section 16-2a. - Office of Consumer Counsel. Office of State Broadband. Consumer Counsel. Staff.

Section 16-2b. - Term “Office of Consumer Counsel” deemed to mean Division of Consumer Counsel within the Department of Business Regulation.

Section 16-2c. - Division of Adjudication.

Section 16-2d. - Office of energy efficient businesses.

Section 16-3. - Vacancy.

Section 16-3a. - Appointment of initial members. Transfer of business between commission and authority.

Section 16-4. - Employees of public service companies, certified telecommunications providers and electric suppliers ineligible to serve on authority or in department.

Section 16-5. - Removal.

Section 16-6. - Office and records.

Section 16-6a. - Participation in proceedings before federal agencies and federal courts. Expenses.

Section 16-6b. - Regulations.

Section 16-6c. - Power to delay implementation of electric suppliers' generation portfolio standards.

Section 16-7. - Right of entry. Penalty.

Section 16-7a. - Power to stop work.

Section 16-8. - Examination of witnesses and documents. Hearing officers. Management audits.

Section 16-8a. - Protection of employee of public service company, person involved in the transportation of gas, contractor or Nuclear Regulatory Commission from retaliation. Procedures. Regulations.

Section 16-8b. - Labor disputes at public service companies. Determination of unreasonable profits during dispute. Refunds.

Section 16-8c. - Examination of witnesses and documents. Audits. Relationship between public service companies and subsidiaries.

Section 16-8d. - Recovery of costs, expenses, judgments or attorney's fees for an action brought under section 16-8a.

Section 16-9. - Orders.

Section 16-9a. - Party status in proceedings before authority.

Section 16-9b. - Commissioner of Energy and Environmental Protection to be party to proceedings before authority.

Section 16-10. - Enforcement of statutes and orders.

Section 16-10a. - Revocation of franchises. Procedure. Reassignment.

Section 16-11. - Safety of public and employees. Powers.

Section 16-11a. - Nuclear Energy Advisory Council; composition; duties.

Section 16-12. - Complaints as to dangerous conditions.

Section 16-13. - Procedure upon complaint.

Section 16-14. - Powers concerning electrolysis or escape of electricity.

Section 16-15. - Compliance with orders. Penalty.

Section 16-16. - Report of accidents.

Section 16-17. - Duties as to accidents.

Section 16-18. - Powers concerning poles and wires.

Section 16-18a. - Consultants: Retention, expenses, findings and recommendations.

Section 16-19. - Amendment of rate schedule; investigations and findings by authority; hearings; deferral of municipal rate increases; refunds; notice of application for rate amendment, interim rate amendment and reopening of rate proceeding.

Section 16-19a. - Periodic review re gas and electric distribution companies' rates, services and performance. Approval of performance-based incentives and penalties.

Section 16-19aa. - Excess generating capacity. Exclusion of costs associated with. Return on and depreciation of unrecovered investment in generating facilities.

Section 16-19b. - Purchased gas adjustment clauses, energy adjustment clauses and transmission rate adjustment clauses.

Section 16-19bb. - Application or refund of electric distribution company rate moderation funds.

Section 16-19c. - Investigation of fuel cost adjustment and purchased gas adjustment charges.

Section 16-19cc. - Semiannual reports from nuclear generating facility licensees re maintenance, refueling and shutdown schedules. Penalty for shutdown for a significant period of time.

Section 16-19d. - Advertising not to be deemed an operating expense for purposes of rate-making. Disclosure of source of payment for advertising.

Section 16-19dd. - Conservation and load management programs for agricultural customers.

Section 16-19e. - Guidelines for transfer of assets and franchises, plant expansion, internal utility management and rate structures. Public hearing. Policy coordination among state agencies. Parties to rate proceeding.

Section 16-19ee. - Reports from electric distribution companies concerning electrical outages from power surges.

Section 16-19eee. - Definitions.

Section 16-19f. - Rate design standards for electric public service companies and municipal electric companies. Determination of appropriateness. Implementation. Electric vehicle charging stations.

Section 16-19ff. - Submetering. Regulations. Application process.

Section 16-19fff. - Electric vehicle charging load projections.

Section 16-19g. - Penalty for failure to report nuclear incident not an operating expense.

Section 16-19gg. - Factors to be considered during a rate proceeding.

Section 16-19ggg. - Public electric vehicle charging stations. Parking restrictions.

Section 16-19h. - Reopening of water company rate proceedings.

Section 16-19hh. - Implementation of flexible pricing and rates. Special contracts for electric service. Exemption from competitive transition assessment. Regulations. Gas rates for certain manufacturers.

Section 16-19i. - Electric company residential customer service charge indicated on bill.

Section 16-19ii. - Use of electric resistance space heating. Differential rates.

Section 16-19j. - Portion of authority staff to be made party to certain rate proceedings.

Section 16-19jj. - Alternative dispute resolution mechanisms.

Section 16-19k. - Costs of educational materials or information on water conservation included as operating costs.

Section 16-19kk. - Finding re conservation and load management programs. Rates of return for conservation and load management programs and programs promoting the state's economic development. Considerations in establishing company's authorized return...

Section 16-19l. - Authorization of rates that promote water conservation.

Section 16-19ll. - Submittal of legislation re encouraging conservation and load management programs, etc.

Section 16-19mm. - Consideration of external costs and benefits.

Section 16-19m to 16-19q. - Decommissioning of nuclear power generating facilities; definitions. Decommissioning financing plan; contents. Decommissioning finance plans; updates; hearing approval. Review of plan; changes. Decommissioning costs; liabi...

Section 16-19nn. - Encouragement of specific end uses of electricity and gas.

Section 16-19oo. - Approval of rate amendments for conservation and load management programs or programs promoting the state's economic development in proceedings other than rate proceedings. Approval of rate mechanisms to recover costs of natural ga...

Section 16-19pp. - Uncontested proceedings before the authority. Participating parties.

Section 16-19qq. - Outages of nuclear power generating facilities; rate proceedings; rebuttable presumption of imprudent management.

Section 16-19rr. - Rates charged by electric distribution companies and electric utilities to veterans' organizations.

Section 16-19r to 16-19t. - Three Mile Island nuclear power generating facility damage costs prohibited from being placed in rate base or included as operating expenses. Revenues associated with construction of electric company facilities and Millsto...

Section 16-19ss. - Solicitations for the provision of temporary electric generation facilities.

Section 16-19tt. - Gas and electric distribution companies' distribution revenue decoupling.

Section 16-19u to 16-19w. - Monthly reports from nuclear power generating facility licensees re construction costs and progress. Excess construction costs of Seabrook 1 nuclear power generating facility not included in rates. Prohibition on inclusion...

Section 16-19uu. - Adjustments to competitive transition assessment with respect to economic recovery revenue bonds.

Section 16-19vv. - Public service companies' customer deposits.

Section 16-19ww. - Natural gas infrastructure expansion plan. Hurdle rate; rate for new customers added pursuant to the plan; rate mechanism for gas companies to recover prudent investments made pursuant to the plan outside a rate proceeding; assignm...

Section 16-19x. - Phase-in of costs of certain large electric generating facilities.

Section 16-19xx. - Deferral of public service company tax expense increase.

Section 16-19y. - Rate treatment of enhanced 9-1-1 service costs.

Section 16-19yy. - Compensation rate recovery for electric distribution companies, gas companies or water companies.

Section 16-19z. - Rate treatment of land purchased, owned or retained by water companies for water supply protection or future water supply use.

Section 16-19zz. - Interim rate decreases, low-income rates and economic development rates for customers of electric distribution companies.

Section 16-20. - Inadequate service or unreasonable rates; petition to authority. Small community water system rates and service.

Section 16-21. - Change of rates fixed pursuant to charter or contract.

Section 16-22. - Rates; transfer of assets or franchise; burden of proof.

Section 16-23. - Regulations and service prescribed by authority deemed reasonable.

Section 16-24. - Classification of service.

Section 16-24a. - Low-income discounted rates for electric and gas service.

Section 16-25. - Time and place of hearings. Notice.

Section 16-25a. - Hearings on Office of Consumer Counsel petitions.

Section 16-26. - Public hearing to be held in locality affected.

Section 16-27. - Returns from public service companies. Reports from community antenna television companies. Penalty. Form 8-K reports.

Section 16-28. - Correction of returns and reports.

Section 16-29. - Reports from municipalities.

Section 16-30. - Returns from motor bus companies. Penalty.

Section 16-31. - Remission of forfeitures by the Attorney General.

Section 16-32. - Annual audit report.

Section 16-32a. - Filing re procurement practices. Public hearing. Regulations re competitive bidding.

Section 16-32b. - Regional water authority or water district to submit annual report.

Section 16-32c. - Water company rate adjustments. Application. Notice to customers.

Section 16-32e. - Emergency plans to be filed by public service companies, telecommunications companies, voice over Internet protocol service providers and municipal utilities. Hearings. Revisions. Staffing of electric distribution companies' emergen...

Section 16-32f. - Gas company supply and demand forecast reports.

Section 16-32g. - Electric wire maintenance plans. Regulations.

Section 16-32h. - Performance standards for electric distribution companies and gas companies in emergencies. Emergency response report.

Section 16-32i. - Performance review of electric distribution companies and gas companies after emergencies. Hearing. Penalty.

Section 16-32j. - Procedures for expedited road clearing after emergencies.

Section 16-32k. - Vegetation management practices review. Report.

Section 16-32l. - Residential customer credits for distribution-system service outage. Recovery of costs. Waiver of requirements.

Section 16-32m. - Residential customer compensation for expiration of medicine and food due to distribution-system service outage. Recovery of costs. Waiver of requirements.

Section 16-32n. - Cost-benefit analysis concerning resources expended and existing staffing levels during storm events. Minimum staffing levels and acceptable performance standards for electric distribution companies. Penalties.

Section 16-33. - Obstructing authority; false entries and returns to; penalty.

Section 16-34. - Annual reports to Governor.

Section 16-34a. - Annual report re lost and unaccounted for gas. Docket to investigate.

Section 16-35. - Appeals to Superior Court. Uncontested proceedings re acquiring electricity products or services.

Section 16-36 to 16-39. - Venue. Procedure on appeal. Notice when parties are numerous. Supersedeas.

Section 16-40. - Rights and duties of trustees and receivers.

Section 16-41. - Imposition of civil penalties by authority.

Section 16-42. - Not to affect labor contracts.

Section 16-43. - Merger or sale of public service companies. Issuance and approval of securities. Net proceeds from sale of water company land. Allocation of economic benefits of sale of water company land.

Section 16-43a. - Validity of securities issued pursuant to order of authority.

Section 16-43b. - Definitions applicable to apportionment of land sales benefits.

Section 16-43c. - Sale of water company land to certain municipal corporations for construction of a school.

Section 16-43d. - Sale of existing electric generation plants.

Section 16-44. - Notice of formation, consolidation or discontinuance of public service companies; change of name. Penalty.

Section 16-44a. - Disclosure of salaries of directors and officers of public service companies.

Section 16-45. - Increase or reduction of capital stock by public service companies.

Section 16-46. - Dissolution or termination of public service company. Cessation of public service operations.

Section 16-47. - Holding companies. Approval of authority re exercise of control. Investigation and hearing. Annual reports. Injunctive relief.

Section 16-47a. - Code of conduct for gas company transactions with affiliates.

Section 16-48. - Electricity and gas; transmission between this state and other states.

Section 16-48a. - Consumer Counsel and Public Utility Control Fund established.

Section 16-49. - Expenses of the Department of Energy and Environmental Protection's Bureau of Energy and Technology, the Office of Consumer Counsel, the Office of Policy and Management and the operations of the Public Utilities Regulatory Authority....

Section 16-49a to 16-49c. - Appropriation. Council on water company lands established. Moratorium on sale of water company lands; duties of council.

Section 16-49d. - Applications for sales of water company lands submitted prior to June 25, 1975.

Section 16-49e. - Public service company may request identification from person opening an account. Telecommunications company may request identification prior to providing service.

Section 16-49f. - Verification of Social Security number prior to opening new account. Minor not liable for services fraudulently obtained using minor's Social Security number.

Section 16-50. - Employees. Consultants.

Section 16-50a. - Local filing of maps on acquisition of property.

Section 16-50b. - Declaration of policy.

Section 16-50c. - Notification of intent to dispose of unimproved real property. Approval or disapproval by authority. Hearing.

Section 16-50d. - Action to acquire property.

Section 16-50e. - Notices to town clerk.

Section 16-50f. - Solicitation of insurance applications from employees of public service companies. Payroll deductions.