The state's highest court yesterday reduced fines against two utilities for their handling of Tropical Storm Irene in 2011 and a subsequent October snowstorm, but upheld the standard state regulators used to assess the companies' response to widespread power outages.
After the storms left hundreds of thousands of people without power — some for more than a week — the Department of Public Utilities fined National Grid $18.7 million and Nstar $4.1 million for the two storms, and Western Massachusetts Electric Co. $2 million for the snowstorm only.
The Supreme Judicial Court ordered the fine against National Grid reduced by $900,000, saying the only violations DPU did not prove were those alleged during the last two days of efforts to restore power after both storms. The SJC ordered the fine against Nstar cut in half, saying regulators failed to prove that the utility did not repair downed power lines quickly enough.
Krista Selmi, a spokeswoman for DPU, called the court's decision a "clear signal DPU acted within its authority," an opinion seconded by Attorney General Martha Coakley.
"Our investigation found that the utilities' preparation and response to these storms was woefully inadequate," Coakley said. "We recommended record penalties against the utilities, and the fines upheld today send a clear message that customers deserve better."
National Grid said in a statement it was disappointed with the decision.
Northeast Utilities, the parent of Nstar and Western Massachusetts Electric, said in a statement: "We are pleased that the court invalidated penalties where there wasn't enough evidence to warrant them."
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