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Commission grants Trinity Property Consultants full waiver of gas-interruption penalty after debate
Summary
After staff recommended a 75% reduction of a $276,215.94 BGE distribution-interruption penalty, commissioners debated boiler age, repair costs and mitigation steps and amended the motion to grant a 100% waiver; the commission approved the amendment and passed the waiver 4–1.
The Public Service Commission approved a full waiver Thursday of a $276,215.94 distribution-interruption penalty imposed by BGE on Trinity Property Consultants for the Renew Mount Vernon multifamily property after staff recommended a 75% reduction and a commissioner moved an amendment to waive the penalty entirely.
Staff presenter Brandon Bowser reviewed the filings: BGE imposed a $276,215.94 distribution-interruption penalty and a $7,749.43 commodity penalty related to Trinity’s failure to stop taking delivery of gas during a system interruption on Jan. 26–Feb. 2 and a later Feb. 7–9 event. Bowser said Trinity provided a certified facility manager statement (dated Sept. 29, 2025) and had participated in a successful curtailment test in September 2025. But staff said a mechanical failure—the blower pulley on Boiler No. 1—left Trinity unable to switch to diesel when required, and replacement parts were not immediately available; the part did not arrive until March 24 and was repaired that day. Bowser said the commission’s four-factor test for waivers (efforts before the interruption, reasons for noncompliance, efforts during the interruption, and actions after the interruption) supported a 75% reduction of the distribution-interruption penalty given that Trinity met three of four factors.
"The work that is to be completed as described is for the condenser pumps and VFDs, which are not directly related to the pulley system," Bowser said, adding staff recommended Trinity evaluate the boiler control system and consider contracting for optional firm delivery service to manage future curtailments.
Commissioner Hoover and others pressed staff and Trinity on the age of the boiler system and whether recent or planned upgrades would prevent a recurrence. Bowser estimated the specific repair part replacement cost at a little more than $16,000. Jackie Shaw, representing Trinity, said the company is committed to "whatever upgrades or renovations, replacements and external vendors are to replace in order to improve the efficiency" and has capital and access to investor funds if needed.
Commissioner Suchman moved to amend the motion to a full 100% waiver, citing the company's commitments and the property’s limited-income status and concerns about resident impact. The commission voted on the amendment by voice and signified "aye." On the motion as amended, the roll call recorded one "no" vote from Commissioner McClain and "aye" votes from Commissioner Linton, Commissioner Sutchman, Commissioner Hoover and Chair Barveigh; the amendment and motion carried, and the commission granted the full waiver.
The commission closed the agenda and adjourned following the vote.
