PURA declines Hartree Partners’ petition for a declaratory ruling on Class I renewable status

The Public Utilities Regulatory Authority on Aug. 27 declined to issue a declaratory ruling requested by Hartree Partners LP about whether several of its biomass facilities will continue to qualify as Class I renewable energy sources after amendments to the statutory definition. Authority staff told commissioners that the petition did not seek interpretation of a statute or challenge a regulation but instead advanced alleged federal constitutional violations and requested an exemption.

Jay Don Francisco, director of adjudications, said Hartree filed the petition under General Statute section 4-176(a) after public act 25-173 amended the definition of Class I renewable energy sources via section 36; the amendment, which became law on July 1, 2025, and takes effect Oct. 1, 2025, will exclude the facilities Hartree operates under the new language. "Accordingly, authority staff recommends declining to issue a declaratory ruling in response to this petition," Don Francisco said, because the petition did not present a proper statutory question for a declaratory ruling.

Commissioners moved, seconded and adopted the decision to decline the petition by roll-call vote; Commissioner Karen, Vice Chairman David Arconti and Chair Marissa Gillette each voted yes. The decision declining to issue a declaratory ruling leaves open other legal avenues but does not itself resolve the constitutional claims raised by Hartree; the authority noted that under subsection (e) of General Statute section 4-176, an agency may decline to issue a declaratory ruling and state its reasons. The transcript does not indicate that the authority otherwise stayed or altered the statutory amendment’s effect.