The New Hampshire Supreme Court is not obliged to take up the appeal. (Dave Cummings | New Hampshire Bulletin)
The Office of the Consumer Advocate is taking legal action on a contentious energy efficiency decision made by the Public Utilities Commission, filing an appeal with the New Hampshire Supreme Court on Wednesday.
Consumer Advocate Don Kreis is optimistic the court will take up the appeal “given that the PUC’s decision is so outrageously inconsistent with applicable principles of New Hampshire law,” he said in an email on Wednesday, announcing the legal action.
The appeal asks the Supreme Court to rule on whether the November decision raised issues of due process and notice, as well as if it failed to find supporting evidence and whether the resulting decision was arbitrary and unreasonable. It also asks the court to take up the question of the commission’s move to “abandon the state’s Energy Efficiency Resource Standard,” in its November decision – a significant departure from the past two decades of policy.
The November decision by the utilities commission effectively halted state energy efficiency programs run by NHSaves. “We do not believe this is appropriate given all of the problems with the PUC’s decision that require appellate scrutiny,” Kreis said.
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