DR 97-241 DR 98-206 DC 98-198 Connecticut Valley Electric Company Order Scheduling Hearing O R D E R N O. 23,195 April 15, 1999 Following the issuance of Order No. 23,168 (March 22, 1999), Connecticut Valley Electric Company (CVEC) sought and received an order from the United States District Court for the District of New Hampshire enjoining the Commission from reducing CVEC's rates below the rates that were in effect on December 31, 1997. Although the District Court has not yet issued its written order, the immediate effect of the Court's oral ruling is that the Commission may not at this time require CVEC to refund to customers the revenues that it overcollected during 1998. On April 9, 1999, CVEC filed proposed tariff pages that would, if approved: (a) eliminate the Rate Rider Refund (RRR) required by Order No. 23,168, (b) allow CVEC to recoup those revenues that were refunded to customers during the time the RRR was in effect, and (c) following such recoupment, maintain CVEC's retail rates at the temporary rate levels set in DR 98-206. CVEC's filing raises, inter alia, issues relating to the implementation of the District Court's order, including elimination of the RRR and whether the RRR recoupment mechanism is appropriate. Due to the myriad of issues raised by the filing and the District Court's order, we believe a hearing is necessary. Accordingly, the hearing scheduled below will address these issues. Based upon the foregoing, it is hereby ORDERED, that a consolidated hearing be held at the Commission at 8 Old Suncook Road, Concord, New Hampshire on April 22, 1999 at 10:00 a.m.; and it is FURTHER ORDERED, that the Commission will also consider at the hearing whether to modify CVEC's existing temporary rates (set in DR 98-206) by returning the rates to the levels that were in effect on December 31, 1997; and it is FURTHER ORDERED, that CVEC and any other party that desires to be heard on these issues should be prepared to present testimony and argument during the April 22, hearing. By order of the Public Utilities Commission of New Hampshire this fifteenth day of April, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary