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AUTHORIZING SETTLEMENT AGREEMENT REGARDING TOWN OF SAUGERTIES ET AL., V. COLUMBIA UTILITIES POWER, LLC ET AL.

↑Meetings/Resolutions/61-2024
One-time (complete)formal_resolutionone_timeThe Town Board authorizes and approves settlement of the Community Choice Aggregation litigation against Columbia Utilities Power, LLC under the terms of the Settlement Agreement, and authorizes the Supervisor to execute the agreement.
First seen
2024-06-26
Latest event
2024-06-26
adopted
Expires
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Resolution text

RESOLVED

  1. Settlement of the Action, under the terms of the Settlement Agreement (Ex. A) is hereby authorized and approved
  2. The Supervisor, or in his absence or unavailability the Deputy Supervisor, is authorized to execute the Settlement Agreement in the form attached hereto, with such changes not materially affecting the substance thereof as approved by the signer
  3. The Supervisor, the Town Clerk, and the Town's other officers, employees and agents are hereby authorized and directed for, and in the name and on behalf of the Town, to do all acts and things required or provided by the provisions of the Agreement
  4. This resolution shall take effect immediately
Show preamble — 8 WHEREAS clauses
  • WHEREAS, on or about April 20, 2021, the Town of Red Hook entered into a Community Choice Aggregation Electricity Supply Agreement ("Supply Agreement") with Columbia Utilities, LLC or its affiliate ("Columbia") as Energy Service Company ("ESCO") and Joule Assets Inc. ("Joule"), as Community Choice Aggregation Administrator, to provide energy benefits to certain residential and small non-residential customers within the Red Hook service area
  • WHEREAS, on April 19, 2022, Columbia notified the Public Service Commission that it intended to transfer these customers to the local utility, Central Hudson Gas & Electric Corp. ("Central Hudson"), which transfer constituted an alleged breach of the Supply Agreement by terminating service without cause or in accordance with the terms of the Supply Agreement
  • WHEREAS, on June 3, 2022, the Town of Red Hook together with other participating municipalities (two of which later joined), Joule, and individual plaintiffs (collectively, the "Plaintiff Parties") filed a Verified Complaint (the "Complaint") against Columbia in New York State Supreme Court, captioned Town of Saugerties et al., v. Columbia Utilities Power, LLC et al., Index No. EF2022-1113 (N.Y. Sup. Ct., Ulster Co.) (the "Action"), seeking injunctive relief and damages in connection with the CCA Program and Columbia's purported intention to terminate the Supply Agreement and transfer all of its CCA Program customers back to Central Hudson
  • WHEREAS, the New York State Public Service Commission (the "PSC") intervened in the Action on behalf of the Plaintiff Parties
  • WHEREAS, the parties to the Action engaged in extensive discovery as part of the litigation and subsequently sought to explore whether a resolution was possible
  • WHEREAS, on April 3, 2024, the Plaintiff Parties, PSC, Columbia, and Central Hudson participated in a day-long mediation with Fred Fucci of Fucci Law & ADR, PLLC (the "Mediation")
  • WHEREAS, as a result of the Mediation, all of the parties desire to resolve this action under terms set forth in the Settlement Agreement (the "Agreement") attached hereto as Exhibit A
  • WHEREAS, the Town Board has concluded that this settlement of all of the claims and causes of action brought by in the Action, is fair, reasonable, adequate, and in the best interests of our constituents

Lifecycle (1 event)

2024-06-26adoptedvote: unanimous
Authorize settlement agreement regarding Town of Saugerties et al. v. Columbia Utilities Power, LLC et al.
moved by Hamel · seconded by Solomon
Show text snapshot for this event
Resolved
  1. Settlement of the Action, under the terms of the Settlement Agreement (Ex. A) is hereby authorized and approved
  2. The Supervisor, or in his absence or unavailability the Deputy Supervisor, is authorized to execute the Settlement Agreement in the form attached hereto, with such changes not materially affecting the substance thereof as approved by the signer
  3. The Supervisor, the Town Clerk, and the Town's other officers, employees and agents are hereby authorized and directed for, and in the name and on behalf of the Town, to do all acts and things required or provided by the provisions of the Agreement
  4. This resolution shall take effect immediately
Whereas
  • WHEREAS, on or about April 20, 2021, the Town of Red Hook entered into a Community Choice Aggregation Electricity Supply Agreement ("Supply Agreement") with Columbia Utilities, LLC or its affiliate ("Columbia") as Energy Service Company ("ESCO") and Joule Assets Inc. ("Joule"), as Community Choice Aggregation Administrator, to provide energy benefits to certain residential and small non-residential customers within the Red Hook service area
  • WHEREAS, on April 19, 2022, Columbia notified the Public Service Commission that it intended to transfer these customers to the local utility, Central Hudson Gas & Electric Corp. ("Central Hudson"), which transfer constituted an alleged breach of the Supply Agreement by terminating service without cause or in accordance with the terms of the Supply Agreement
  • WHEREAS, on June 3, 2022, the Town of Red Hook together with other participating municipalities (two of which later joined), Joule, and individual plaintiffs (collectively, the "Plaintiff Parties") filed a Verified Complaint (the "Complaint") against Columbia in New York State Supreme Court, captioned Town of Saugerties et al., v. Columbia Utilities Power, LLC et al., Index No. EF2022-1113 (N.Y. Sup. Ct., Ulster Co.) (the "Action"), seeking injunctive relief and damages in connection with the CCA Program and Columbia's purported intention to terminate the Supply Agreement and transfer all of its CCA Program customers back to Central Hudson
  • WHEREAS, the New York State Public Service Commission (the "PSC") intervened in the Action on behalf of the Plaintiff Parties
  • WHEREAS, the parties to the Action engaged in extensive discovery as part of the litigation and subsequently sought to explore whether a resolution was possible
  • WHEREAS, on April 3, 2024, the Plaintiff Parties, PSC, Columbia, and Central Hudson participated in a day-long mediation with Fred Fucci of Fucci Law & ADR, PLLC (the "Mediation")
  • WHEREAS, as a result of the Mediation, all of the parties desire to resolve this action under terms set forth in the Settlement Agreement (the "Agreement") attached hereto as Exhibit A
  • WHEREAS, the Town Board has concluded that this settlement of all of the claims and causes of action brought by in the Action, is fair, reasonable, adequate, and in the best interests of our constituents
Subject key: columbia_utilities_cca_settlement