GenConn Energy, LLC v. Public Utilities Regulatory Authority (Dissent)

Summary

Justice Ecker dissented from the conclusion that PURA could deny recovery of GenConn's actual, prudently incurred debt costs under the applicable statutory scheme. The dissent would construe the statute as creating a mandatory entitlement to recover such costs while allowing PURA to address excessive overall returns through adjustments to equity compensation or other lawful measures. The dissent would reverse the trial court's judgment and remand for further proceedings.