By William Opalka

The Massachusetts Department of Public Utilities has ruled that electric distribution companies can sign contracts for natural gas capacity and pass the costs on to electric ratepayers (15-37).

Proponents of building gas infrastructure to supply electric generation have argued that the increasing reliance on natural gas requires additional pipelines to increase supply and lower high prices in the winter. After an investigation and proceeding, the DPU on Oct. 2 said the Electric Restructuring Act of 1997 did not preclude it from approving such contracts.

“The department finds that an EDC contract for pipeline capacity would be consistent with the Restructuring Act if an EDC is able to demonstrate that entering into a contract would result in cost savings for EDC ratepayers and otherwise satisfies the standard of review for approving EDC gas capacity contracts,” the order states.

The DPU’s order was in response to the state Department of Energy Resources’ April 2 petition requesting an investigation into ways new natural gas capacity could be added. The department sought to determine if there was an “innovative mechanism” for EDCs to add new natural gas capacity into the region to benefit electric ratepayers, and if cost recovery was appropriate.

“An EDC must demonstrate that the proposed contract (1) results in net benefits for the Massachusetts EDCs’ customers at a reasonable cost, and (2) compares favorably to the range of alternative options reasonably available to the EDC at the time of acquisition of the resource or contract negotiation,” the DPU order said.

Kinder Morgan subsidiary Tennessee Gas Pipeline, which is developing the proposed Northeast Energy Direct pipeline, said the order “is an important step in ensuring that electric generators have reliable access to the fuel needed to generate electricity within the ISO-NE transmission grid.” The project is among those that could be funded under the order. (See NH PUC Staff: Northeast Energy Direct Pipeline Would Lower Power Prices.)

A critic of the move, Massachusetts Attorney General Maura Healey, had argued during the proceeding that the restructuring law limited the regulators’ ability to act and questioned their assumptions. “Because of legal concerns with the DPU’s proposal and the risk to ratepayers, throughout this proceeding, our office urged the department to fully and carefully analyze the need for additional gas capacity before moving forward with any proposal that requires customers to bear the risk of a large infrastructure project,” said Chloe Gotsis, spokeswoman for the attorney general.

This is not the last word from Healey’s office. In July she commissioned a study to address the need for additional gas capacity in New England region. The study is expected by the end of the month.

The company producing the study, Boston-based The Analysis Group, has already looked askance at another Massachusetts energy proposal that it says saddles ratepayers with excessive costs. It recently conducted a study for the New England Power Generators Association critical of imported Canadian hydropower. (See New England Generators: State Interventions Risk Market Development.)