Letter: State agency taking no action on request to investigate NHEC

PLYMOUTH — The Public Utilities Commission isn’t commenting on a request for an investigation into the board of the New Hampshire Electric Cooperative, but a letter suggests the commission will be taking no action on claims of sexism and bullying on the board, or concerns the board might be considering a strategy that could expose members of the cooperative to rate volatility.

The call for an investigation into the New Hampshire Electric Cooperative, a utility provider for 118 communities, was made on June 25 by Donald Kreis, the state’s consumer advocate. Kreis, in a letter to the PUC also posted online, cited concerns including claims of sexism and bullying, which allegedly led to the resignation of two board members, and statements by William Darcy, the newly elected chair of the NHEC board of directors, which indicated a greater reliance on so-called “spot” purchasing of electricity, which can provide short-term savings, Kreis noted, but risks sharp spikes in rates in instances such as widespread power grid disruptions such as those caused by extreme weather events.

After several requests for comment about how it will respond, an attorney for the commission emailed a statement that explained that since 2021, the PUC has acted “as an adjudicative body, like a court. Therefore, the Commission is generally prohibited by law from engaging in communications about matters before it outside of formal proceedings and avoids comment on pending matters or matters that may come before it.”

However, a brief letter, dated July 3 and signed by NH PUC Chair Daniel Goldner and sent to Kreis as well as several other interested parties, makes it clear the commission did not see itself as authorized to act in this instance. That, in essence, was the same argument made in a letter an attorney for the NHEC sent to the PUC in response to Kreis’ call for an investigation. The letter was shared with The Laconia Daily Sun anonymously.

Goldner’s letter, addressed to Kreis, stated: “Having reviewed your letter, I would note that the New Hampshire Public Utilities Commission (NHPUC) does not generally have regulatory jurisdiction over the NHEC, other than a few discrete, highly circumscribed areas. Under the New Hampshire statutory authorities, the NHPUC would only exercise regulatory authority over the NHEC as a last resort. Therefore, at this time, there is no remedy before the NHPUC regarding your allegations.”

Kreis, asked for his response, said it was notable what the letter didn’t say.

“I find it significant that neither the letter from the NHEC to the PUC, nor the letter from the PUC in response, address the merits of the concerns I and others have been expressing about what’s going on at the Co-op. In essence, the message from the NHEC and the PUC is that when bad things happen at the electric co-op there is no public accountability. From a ratepayer perspective that’s an unacceptable situation, and one I will work to change,” Kreis said.

Darcy, chair of the NHEC board, took an opposite view:

“NHEC is pleased with the New Hampshire Public Utilities Commission's decision,” Darcy said. “We believe the decision is a correct interpretation of the law and it maintains the largely deregulated status of NHEC that 94.4% of NHEC members supported in 2000 and continue to support. NHEC will continue its focus on the goal of providing its members with the most affordable and reliable electric services. The Board's actions last month, lowering energy rates starting in August (lower than the three investor-owned electric utilities) and establishing new renewable energy rates, shows the Board's continued focus on those goals and the interests of members.”