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HBJ040725UF

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HARTFORDBUSINESS.COM | APRIL 7, 2025 43 Opinion & Commentary Biz Starts OTHER VOICES Customers lose when utilities have their credit downgraded By John Quackenbush F or decades, electric companies were seen as having steady operations, overseen by state regulators who provided the utili- ties with an opportunity to make a fair return on their investments in exchange for ensuring that their customers had reliable and resilient service, year-round and day in, day out. But when state regu- lation becomes erratic, unfavorable or unpre- dictable, that stability can fall dangerously out of alignment and suddenly, customers are caught in the crossfire. Unfortunately, that situation is playing out in a few states, but most glaringly in Connecticut. All of the Nutmeg State's utilities have received credit downgrades so egregious that Bank of America has said Connecticut is "probably…the worst regulatory environment in the United States." It's so bad that an all-out war has erupted between the Public Utilities Regulatory Authority (PURA), electric companies and some legislators. This situation is creating two different, and serious, risks for the state. First, Connecticut's business community is watching this crisis closely. If credit downgrades result in less investment in the electric grid, it could lead to companies that depend on affordable, reliable and increas- ingly clean electricity to seek more stable business environments. Unfortunately for Connecticut, more reliable alternatives do exist. Consider that after New Jersey was struck by Superstorm Sandy, regulators there made a massive and long-term commitment to strength- ening the electric grid. Could you blame business leaders for moving to markets where regu- lators and lawmakers recognize the importance of reliable power and are taking clear steps to ensure afford- able electricity for years to come? For example, Connecticut could lose out on the massive economic boom of artificial intelligence, or AI. Businesses focused on this new, powerful and heavily energy-dependent technology could avoid the state. That would mean fewer high-paying jobs and less tax revenues for many towns, cities and the state of Connecticut. The second serious risk for Connecticut is that an electric compa- ny's credit rating is directly linked to the rates customers pay, and the quality of service they get. Electric companies that invest in the distribution grid are subject to a state-regulated "return on equity," designed to balance the costs to ratepayers while ensuring utilities have enough money to deliver afford- able, reliable electricity service to their customers. It is often misstated that the return on equity is guaranteed, but it is not. And as a matter of fact, PURA and the Connecticut attorney general's office argued that returns are not guaranteed for utilities, despite claims from other politicians, during oral arguments to the Connecticut Supreme Court last month. The only guarantee is that the return companies get back on their investments cannot exceed a pre-de- termined level established by the state utility commission. But that return usually falls significantly short in Connecticut. Finding that sweet spot is an essen- tial factor in the long-established "regulatory compact." The regulatory compact is a unique agreement that creates, in well-regulated jurisdic- tions, a give-and-take dynamic. The trade-off between the electric companies and their regulator is simple. The companies must serve all the customers in its territory in exchange for agreeing to have the regulator thoroughly review its finances and determine a fair return on the company's investments. However, in poorly or erratically regulated environments, this sweet spot is missed. If the regulator gives too low of a return on equity, credit ratings agencies take notice, and credit rating downgrades can follow. Just as a bad credit score makes it more expensive for everyday people to get loans or mortgages, a lower credit rating means higher borrowing rates for companies. Since a utility's cost to deliver electricity is passed onto the consumer, higher borrowing costs mean higher electric bills. Worse, if the utility has higher borrowing costs due to a credit downgrade, it can create a situation that slows utility investment in their electricity infrastructure. Failing to invest in the electric grid also means less reliable power, and longer and more frequent black- outs. This is especially true when severe weather hits. A stronger power grid means fewer failures and quicker repairs to restore power to customers. In states like Connecticut, where the regulatory balance has been lost, things are likely to get worse before they get better unless there is a change. In the meantime, fewer businesses may move to the state, costing Connecticut many good jobs that will simply go elsewhere. This, plus higher power bills and a less reliable electric grid, makes it clear that the state's regulators need to recalibrate to ensure a return to Connecticut having fully functional utilities. John Quackenbush served as chairman of the Michigan Public Service Commission from 2011 to 2016. 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