Three power utilities that were hit with nearly $25 million in fines for botching widespread power outages during back-to-back storms in 2011 joined forces yesterday in hopes the Supreme Judicial Court will give them relief from the Department of Public Utility's punishing blow.
National Grid was ordered to pay $18,750,000; Nstar $4,075,000; and Western Massachusetts Electric $2 million after a DPU investigation in the aftermath of Tropical Storm Irene in August 2011, and the Halloween nor'easter two months later found poor staffing, response times and communication with customers and public safety officials.
Attorneys for the utilities told the Supreme Judicial Court yesterday that DPU doesn't have enough evidence to justify the steep fines.
"The department's order fails to provide factual support for its sweeping contentions," National Grid lawyer David Rosenzweig said.
Attorney General Martha Coakley and first responders disputed that.
"They've done a much better job the last two years, but back when all of this was going on, they were not responsive, they didn't want to listen, and they didn't start listening until they got fined," said Brockton Fire Chief Richard Francis.
Coakley told the Herald the fines handed out by the DPU were "justified."
"And the issues around preparedness particularly, their ability to get back up service, to communicate with people, we felt was an issue," she said. "We have the authority, we believe — and that's what was at issue before the Supreme (Judicial) Court — to seek those kinds of fines."
The SJC took the matter under advisement.
Krista Selmi, a DPU spokeswoman, said the companies have already paid their penalties, with credits going to customers last year. If the SJC sides with the utilities, they would recoup the money through charges to all of their "retail delivery service customers," Selmi said.
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