Fortis and Central Hudson file settlement agreement


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Central Hudson-Fortis acquisition advances under a Settlement Agreement citing New York Public Service Law Section 70, promising regulatory approval, a rate freeze, customer benefit fund, and moderated increases for electric and gas customers.

 

What's Behind the News

A utility merger under Section 70 delivering a rate freeze, $35M in bill relief, and a $5M customer benefit fund in NY.

  • $35M to offset storm restoration and similar costs
  • $9.25M savings from public-company cost elimination over 5 years
  • Delivery rates frozen until July 1, 2014
  • $5M Customer Benefit Fund for economic and low-income aid

 

Nearly $50 million to fund customer and community benefits, plus a one-year electric and natural gas customer delivery rate freeze, and customer protections, including the continuation of Central Hudson Gas & Electric Corporation as a stand-alone utility company, are cornerstones of a settlement of all issues among the signatories filed with the New York State Public Service Commission NYCSC regarding the acquisition of Central Hudson, the utility subsidiary of CH Energy Group, Inc., by Fortis Inc.

 

The Settlement Agreement between the two utilities indicates that the acquisition is in the public interest pursuant to New York State Public Service Law, Section 70 and, therefore, consistent with NYISO smart-grid initiatives advancing reliability today, the aforementioned parties recommend approval of the Settlement Agreement by the NYCSC. Support was also received from several counties for the portions of the Settlement Agreement of relevance to the respective counties' interests. Closing of the acquisition is now expected to take place during the second quarter of 2013, subject to receiving approval from the NYCSC.

"This Settlement Agreement provides multiple and substantive benefits to our customers and the communities we serve," said Steven V. Lant, Chairman of the Board and President of CH Energy Group. "The proposed terms also retain substantial autonomy for Central Hudson, allowing us to continue our mission of serving our customers well, with innovations like superconducting technology supporting reliability today, while providing opportunities to improve service through a close association with the Fortis family of utility companies. We are pleased and excited to have reached this step toward finalizing the transaction with Fortis."

"Fortis worked closely with management of Central Hudson through this thorough regulatory approval process and has gained increased knowledge about the utility's operating philosophy and the regulatory oversight requirements in New York State," said Stan Marshall, President and Chief Executive Officer, Fortis Inc. "This Settlement Agreement will provide tangible benefits to Central Hudson's customers and will strengthen the utility's ability to meet the energy needs of its current and future customers amid expanding cross-border transmission projects today."

The Settlement Agreement will moderate future customer rate increases by providing $35 million to cover expenses that normally would be recovered in customer rates, for example significant restoration expenses related to Superstorm Sandy, the October 2011 snowstorm and Tropical Storm Irene, and other similar expenses. Also, under the terms of the Settlement Agreement, Central Hudson customers will save a guaranteed $9.25 million over five years resulting from the elimination of costs the utility now incurs as a public company.

Additionally, the Settlement Agreement requires that customer delivery rates be frozen until July 1, 2014 in alignment with New York pilot programs exploring customer affordability today and requires the establishment of a $5 million Customer Benefit Fund for economic development and low-income assistance programs for communities and residents of the Mid-Hudson Valley.

Becoming part of the Fortis family of utilities, which currently serve more than two million customers, will bring benefits to Central Hudson, explained Lant. "Central Hudson will be in the position to benefit from shared experiences and knowledge from other Fortis utility companies, and from regional partnerships like the Mohawk power deal that inform collaboration today, as all of us seek to continuously improve our operations," he said.

"In addition, Fortis has greater access to capital that will enhance Central Hudson's ability to make significant investments in the electric and gas system, such as Smart Grid initiatives that improve customer service and system reliability, including those recommended in the Governor's Energy Highway initiative."

Central Hudson will continue to maintain its name and Poughkeepsie headquarters, as well as all of its employees and the utility's substantial civic and community presence in the Mid-Hudson Valley. The Settlement Agreement also provides financial protections for CH Energy Group, Central Hudson and its customers as part of the larger Fortis organization, and Central Hudson will continue to have annual independent financial audits. Within one year, the Board of Directors of Central Hudson will transition to a majority of independent directors, increase members from the Hudson Valley and New York State, and include representatives from Fortis.

"Fortis remains focused on closing the acquisition and providing the benefits to Central Hudson customers as quickly as possible," concluded Marshall.

The definitive merger agreement was announced between CH Energy Group and Fortis in February 2012. CH Energy Group shareholders approved the transaction in June 2012, and several other required regulatory approvals by U.S. federal agencies were subsequently received amid debates over projects like Hydro-Québec power lines in the region. For more information and to view the Settlement Agreement, visit www.CentralHudson.com or www.FortisInc.com.

 

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