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H 7887Public Services

Public Utilities and Carriers - Public Utilities Commission

This bill limits utility company profits, requiring them to return excess earnings to customers while standardizing how rates are set.

Held for study
Population
Affected
85
Introduced Feb 27, 2026Committee House Corporations

Plain-English Summary

This legislation mandates that the Public Utilities Commission (PUC) adopt a standardized annual method for determining the allowable profits and equity ratios for regulated utilities (electric, gas, and water). It establishes a system where, if a utility's actual profit (return on equity) exceeds the authorized amount, the excess money must be returned to ratepayers as a credit. Conversely, if profits fall short, the PUC may authorize a surcharge to recover the difference. The bill emphasizes using publicly available data, ensuring transparency, and prioritizing the best interests of ratepayers in these determinations.

For younger readers

This law changes the rules for companies that provide electricity, gas, and water to our homes. Every year, the government will decide exactly how much profit these companies are allowed to make. If the companies make more money than they are supposed to, they have to give that extra money back to the people who pay the bills. If they make less, they might be allowed to charge a little more. The goal is to make sure utility bills are fair and that the companies don't keep too much money for themselves.

Who & Where It Applies

Impacted groups
RatepayersElectric Distribution CompaniesGas CompaniesWater UtilitiesUtility Shareholders
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Mandates that excess profits earned by utility monopolies be returned directly to ratepayers, preventing corporate price-gouging and keeping money in the pockets of working families.
  • Explicitly requires the commission to give preference to the best interests of ratepayers over shareholders, shifting the power dynamic away from corporate interests.
  • Increases transparency and democratic participation by requiring public hearings and the use of publicly available data to set rates, allowing consumer advocates to hold utilities accountable.
  • Allows for the implementation of surcharges on ratepayers if a utility fails to meet its authorized rate of return, effectively guaranteeing corporate profits at the public's expense.
  • The settlement negotiation provision following a rebuttal could potentially allow utilities to cut backroom deals that bypass the strict public scrutiny intended by the bill.
  • Reliance on a "generic financing methodology" might oversimplify complex environmental or social needs, potentially hindering investments in green infrastructure if they don't fit the standard financial model.
For Conservatives
  • Establishes a standardized, data-driven methodology for setting rates, which creates a more predictable regulatory environment and reduces arbitrary decision-making by bureaucrats.
  • Requires the use of publicly available data and transparency in calculations, ensuring that the financial basis for rates is clear and open to scrutiny.
  • Places the burden of proof on utilities to justify deviations from the standard, potentially preventing crony capitalism where monopolies exploit their relationship with the state.
  • Imposes heavy-handed government price controls and profit caps on private businesses, interfering with free market principles and the right to earn a return on investment.
  • The "generic financing methodology" creates a one-size-fits-all regulatory burden that ignores the unique operational challenges of different companies, potentially stifling innovation.
  • By mandating the return of "excess" earnings while only potentially allowing recovery of shortfalls, the bill creates an asymmetric risk profile that may discourage capital investment in critical infrastructure.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 63 additions

SECTION 1. Chapter 39-1 of the General Laws entitled "Public Utilities Commission" is hereby amended by adding thereto the following section: 39-1-27.14. Setting authorized common equity ratios and rates of return on equity.

(a) Definitions. For purposes of this section:

(1) “Actual common equity ratio” means the actual percentage of a regulated utility’s total capitalization that consists of common equity during a given rate period.

(2) “Actual rate of return on equity” means net income divided by shareholders’ equity during a rate period.

(3) “Authorized common equity ratio” means the percentage of a regulated utility’s total capitalization that consists of common equity, including retained earnings and capital surplus, as approved by the commission.

(4) “Authorized rate of return on equity” or “ROE” means the return on the equity portion of a regulated utility’s rate base authorized by the commission for recovery through rates.

(5) “Generic financing methodology” means a standardized methodology adopted by the commission for determining authorized common equity ratios and authorized rates of return on equity for regulated utilities.

(6) “Publicly available data” means data accessible to the public through published sources, internet resources, or public libraries.

(7) “Rate period” means the period during which rates approved by the commission are in effect.

(8) “Regulated utility” means any electric distribution company, gas company, water utility, or other public utility subject to the jurisdiction of the public utilities commission pursuant to this title.

(b) Adoption of generic financing methodology. On an annual basis, the commission shall, through rulemaking:

(1) Update and maintain a generic financing methodology that relies, to the greatest extent practicable, on publicly available data;

(2) Establish a fair and reasonable authorized common equity ratio for each regulated utility and a single authorized rate of return on equity applicable to all regulated utilities, unless otherwise justified; and

(3) Reconcile the authorized rate of return on equity from the prior rate period with the actual average monthly rate of return on equity produced by the generic financing methodology, including the use of a true-up mechanism.

(c) Surcredits and surcharges.

(1) If a regulated utility’s actual rate of return on equity exceeds the authorized rate of return on equity, revenues attributable to such excess shall be returned to ratepayers through a surcredit applied during the subsequent rate period.

(2) If a regulated utility’s actual rate of return on equity is less than the authorized rate of return on equity, the commission may authorize recovery of the shortfall through a surcharge applied during the subsequent rate period.

(d) Transparency and public participation. All methodologies, ratios, rates of return, and reconciliation calculations adopted pursuant to this section shall:

(1) Clearly explain the data sources, assumptions, and analytical methods used;

(2) Be subject to notice and comment in accordance with chapter 35 of title 42 (“administrative procedures”); and

(3) Include opportunities for participation by ratepayers, consumer advocates, public interest organizations, utilities, and other interested parties. In adopting final determinations under this section, the commission shall give preference to the best interests of ratepayers.

(e) Rebuttal by regulated utilities.

(1) A regulated utility may rebut the authorized common equity ratio or authorized rate of return on equity by petitioning the commission for a public hearing.

(2) The burden of proof shall rest exclusively with the regulated utility to demonstrate, by a preponderance of the evidence, that the authorized values are insufficient to:

(i) Maintain financial integrity;

(ii) Attract capital on reasonable terms; or

(iii) Provide a fair and reasonable return.

(3) Upon a successful rebuttal, the commission and the regulated utility may engage in settlement negotiations pursuant to this title.

(f) Annual reporting. The commission shall annually submit a report to the governor, the president of the senate and speaker of the house of representatives summarizing:

(1) Authorized common equity ratios and authorized rates of return on equity;

(2) Any surcredits or surcharges applied; and

(3) Any deviations from the generic financing methodology and the justification therefor. Such report shall be published on the commission’s website.

SECTION 2. This act shall take effect on July 1, 2027.