The state is asking a judge to block four scheduled depositions and limit questioning in a high-stakes lawsuit filed by Eversource Energy and United Illuminating, after a recent deposition of a Public Utilities Regulatory Authority commissioner became contentious.
In two motions filed Monday in Hartford Superior Court, Attorney General William Tong asked the court to stay depositions set for Nov. 13, 17, 18 and 20 until a judge rules on the state’s request to limit the scope of questioning to “facts underlying the allegations of the complaint.”
The complaint, filed by the utility companies on Jan. 30, alleges PURA violated the utilities’ due process rights by issuing decisions without formal votes, depriving the companies of their right to a fair regulatory process. The utilities are seeking declaratory and injunctive relief.
The attorney general’s new filings allege that attorneys for the utilities used the Nov. 5 deposition of PURA Commissioner Michael Caron to probe issues beyond the scope of the lawsuit, including personnel matters, management disputes and cases pending in other courts.
During his deposition, Caron testified that former PURA Chair Marissa Gillett — who resigned effective Oct. 10 — locked fellow commissioners out of her office suite and was “a control freak.” He said she appointed herself lead commissioner on nearly all dockets, sidelining other commissioners.
Caron said that Gillett sometimes issued decisions under the electronic signature of PURA Executive Secretary Jeffrey Gaudiosi, rather than under the commissioners’ own names, which he described as inconsistent with past practice. He further alleged that Gillett’s management style created an “atmosphere of fear” at PURA, with staff who disagreed with her often assigned punitive busywork.
At one point, attorneys for Eversource asked Caron whether those practices were illegal. Caron replied, “I’m not an attorney.”
In a Nov. 7 filing, the utilities said they planned to amend their complaint after completing upcoming depositions of former PURA Vice Chair John Betkoski, Gaudiosi and Director of Communications Taren O’Connor.
The utilities argued that Caron’s testimony “confirms the plaintiffs’ allegations that the practices employed at PURA under the leadership of former Chair Gillett were contrary to law” and that Gillett was “biased against the utilities.”
The state objected, calling the request “astonishing” and accusing the utilities of conducting a “fishing expedition.”
In the Nov. 5 deposition, Caron also revealed that he contacted Gov. Ned Lamont’s chief of staff, Matthew Brokman, earlier this year about whether he should recuse himself from a docket.
Lamont recently appointed four new PURA commissioners, in an effort to reset the embattled agency.
Since Interim Chairman Thomas Wiehl took over on Oct. 22, PURA has begun changing its procedures, according to Caron’s testimony. He said the agency’s practices are moving “more towards what they were pre-Chairman Gillett.” Wiehl now assigns at least three commissioners to panels for non-rate cases, and all available commissioners for rate cases.
Caron described Wiehl as “cooperative and collaborative and collegial” and said the interim chairman ensures all commissioners review matters and have a chance to comment before decisions are made.
In a motion for a protective order filed Monday, the state asked the court to bar plaintiffs from questioning “non-party PURA employees” and a former commissioner about matters irrelevant to the complaint. The filing argued that discovery had been used “to elicit evidence for use in other proceedings.”
A separate motion to stay depositions cited the court’s authority to “moderate the discovery process by imposing protective orders under appropriate circumstances” and asked the court to halt the upcoming depositions.
