BEAT Pushback Extends Comment Deadline on Berkshire Gas Hike

PITTSFIELD, Mass. — Local environmentalists have secured an extension of the public comment for Berkshire Gas' request for $7.6 million in energy-efficiency budget increases.

Berkshire Environmental Action Team leaders felt the outreach for a Dec. 15 hearing on the gas company's requested increases in the residential, income-eligible, and commercial industrial sectors was insufficient. BEAT requested a re-hearing and an extension of the comment deadline and the state's Department of Public Utilities has extended the deadline to submit written comments to Jan. 8, vowing additional efforts for public outreach.

"The DPU is committed to ensuring equitable access and ample notice to our public hearings. The comment period for Docket 23-93 has been extended," DPU Communications Director Alanna Kelly wrote in an email.

"More broadly, the DPU is in the process of implementing an environmental justice strategy agency-wide to bring more residents into the process. Collaboration with community partners is key to that strategy."

BEAT's Executive Director Jane Winn and Program Director for No Fracked Gas in Mass Rosemary Wessel wrote a letter to members of the DPU after learning about the hearing from an article posted on iBerkshires.com.

"Thanks only to publication after fact, we have just learned about the December 15th hearing for a request from Berkshire Gas to raise its rates (DPU 23-93)," the communication reads.

"It's telling that the story published on December 20th in iBerkshires mentions 'No members of the public spoke at the virtual hearing.' We didn't hear about it."

The hearing was posted on the City of Pittsfield's online calendar but the BEAT representatives say they are usually notified of these types of proceedings.

"We've been working with other departments within the Office of Energy and Environmental Affairs (EEA) like the Department of Environmental Protection, Department of Conservation and Recreation, and the Massachusetts Environmental Policy Act office to disseminate advanced notification of upcoming hearings, as mandated in the Next Generation Roadmap for MA Climate Policy," they wrote.

"We, along with other grassroots organizations that work with Environmental Justice communities, are routinely notified of proceedings that directly affect these communities, and we make sure to spread the word, so that they can fully participate in hearings such as this. We have found this process to be a positive move forward in more fair governance and have taken our role in these interactions seriously."

Berkshire Gas has petitioned for modifications to its 2022 to 2024 Three-Year Energy Efficiency Plan that provides energy-efficiency programs for customers in these sectors. It was filed in late August and written comments were due on Dec. 18.

The proposed increases would raise the average residential heating bill by about $4 a month.

Each hearing held by the DPU must have a notice posted in advance of the hearing date. Beyond the requirement of posting the notice in daily news outlets, sending the notice to the docket distribution list, and filed in the docket itself, there are no additional legal requirements for hearing notifications.

The company also asserts that if the mid-term modification is not approved, it will need to cease offering customer incentives for certain energy efficiency measures, which will likely affect its ability to "support legislatively mandated electrification and decarbonization goals."

"Nothing in EEA's Environmental Justice Policy requires the Department to hold an additional public hearing as requested by BEAT," she wrote.

"Nonetheless, in the exercise of administrative discretion, the Department will extend the deadline to submit written comments on the Company's mid-term modification proposal and on the Settlement Agreement."

The settlement agreement was filed on Dec. 12 with the attorney general, the Low-Income Fuel Weatherization and Fuel Assistance Program Network and the Low-Income Energy Affordability Network, and the Department of Energy Resources. The settling parties request that it be approved on or before Jan. 31 so that Berkshire Gas' ability to fund the energy efficiency programs is not jeopardized.

Reply comments on the settlement agreement are also due on Jan. 8.

BEAT is still parsing through what this extension means. Wessel said part of the problem with the proceeding is that the DPU only requires a limited public outreach, while other branches of the EEA require a more robust outreach.

The organization feels that DPU should adopt similar requirements and ensure that the people who will be affected by rate increases are more directly notified.

The order of notice stated that the company is required to serve a copy of the attached Notice no later than Nov. 27, 2023, on:

(1) the service list in The Berkshire Gas Company, D.P.U. 21-120 (2022);
(2) the members of the Energy Efficiency Advisory Council;
(3) the Mayor, Select Board Chair, Town Clerk, and City Clerk, as applicable, for each municipality in its service territory; and
(4) on any person who has asked to be notified by the Company. The Company's service may be by electronic distribution, which the Department finds reasonable and consistent with the public interest.  
Finally, the Company shall prominently display the Notice on its website from three business days following receipt of the notice from the Department through the end of the comment period."

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