Wheelabrator Lisbon, Inc. v. Department of Public Utility Control, 283 Conn. 672

931 A.2d 159 (2007) · Supreme Court of Connecticut · August 28, 2007 · No. No. 17691

Summary

The Connecticut Supreme Court affirmed dismissal of Wheelabrator Lisbon, Inc.'s administrative appeal concerning ownership of renewable energy certificates associated with electricity generated under a long-term power purchase agreement. The court held that the Department of Public Utility Control had subject matter jurisdiction to interpret the agreement and relevant statutes, and upheld the department's determination that the certificates and proceeds from their prior sales belonged to Connecticut Light and Power Company. The court also rejected the plaintiff's substantial-evidence and unconstitutional-taking claims.

Holdings

  1. The Department of Public Utility Control had jurisdiction under General Statutes §§ 4-176 and 16-9 to reopen the prior proceeding and determine whether the 1991 agreement, the governing statutes, and the public policies underlying the regulatory scheme assigned the renewable energy certificates to the utility.
  2. The Department reasonably determined that the utility owned the renewable energy certificates associated with the electricity purchased under the 1991 agreement and was entitled to proceeds from prior sales of those certificates.
  3. The Department's determination was supported by substantial evidence and was reasonable, and the court would not substitute its judgment for the Department's on the technically complex regulatory and policy issues presented.
  4. The Department's determination did not constitute an unconstitutional taking under article first, § 11, of the Connecticut Constitution because the certificates were owned by the utility, not by the plaintiff.

Questions Presented

  1. Whether the Department of Public Utility Control had subject-matter jurisdiction to reopen the 1991 proceeding and determine ownership of renewable energy certificates associated with the plaintiff's electricity output.
  2. Whether substantial evidence and applicable regulatory policies supported the Department's determination that the 1991 agreement transferred ownership of the renewable energy certificates and proceeds from prior sales to the utility.
  3. Whether the Department's determination that the utility owned the certificates constituted an unconstitutional taking under article first, § 11, of the Connecticut Constitution.

Disposition

affirmed

Cases Cited (20)

  • American Paper Institute, Inc. v. American Electric Power Service Corp., 461 U.S. 402, 103 S. Ct. 1921, 76 L. Ed. 2d 22 (1983)(followed)
  • Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277, 914 A.2d 996 (2007)(followed)
  • Bridgeport Hospital v. Commission on Human Rights & Opportunities, 232 Conn. 91, 653 A.2d 782 (1995)(followed)
  • Castro v. Viera, 207 Conn. 420, 541 A.2d 1216 (1988)(followed)
  • Christopher R. v. Commissioner of Mental Retardation, 277 Conn. 594, 893 A.2d 431 (2006)(followed)
  • Connecticut Life & Health Insurance Guaranty Ass'n v. Jackson, 173 Conn. 352, 377 A.2d 1099 (1977)(followed)
  • Connecticut Resources Recovery Authority v. Connecticut Light & Power Co., 34 Conn. App. 246, 641 A.2d 398 (1994)(followed)
  • In re American Ref-Fuel Co., 107 F.E.R.C. 61,016 (2004)(followed in part)
  • In re Covanta Energy Group, 105 F.E.R.C. 61,004 (2003)(followed in part)
  • In re Ownership of Renewable Energy Certificates, 389 N.J. Super. 481, 913 A.2d 825 (App. Div. 2007)(followed)

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