COMMONWEALTH OF DEPARTMENT OF PUBLIC UTILITIES

______) Petition of Gas Company d/b/a ) National Grid Pursuant to General Laws ) D.P.U. 20-120 Chapter 164, §94 and 220 C.M.R. §§ 5.00 et ) seq. for Approval of a General Increase in ) Gas Distribution Rates ) ______)

MOTION REGARDING A DETERMINATION OF SUBSTANTIAL COMPLIANCE WITH NOTICE REQUIREMENTS

Boston Gas Company d/b/a National Grid (the “Company” or “National Grid”) hereby requests that the Department of Public Utilities (the “Department”) determine that the Company has substantially complied with the terms of the Order of Notice issued on

November 24, 2020 in the above-captioned proceeding. As detailed below, the Company has substantially complied with the Order of Notice requirements and provided its customers with ample notification of its November 13, 2020 initial rate filing; the January

26, 2021 and January 28, 2021 public hearings; and, the January 29, 2021 comment deadline in this matter.

I. PROCEDURAL HISTORY

On November 13, 2020, the Company filed a petition with the Department requesting a general increase in rates, approval of a performance-based ratemaking plan and related proposals. On November 24, 2020, the Department issued a Notice of Filing,

Public Hearings, and Procedural Conference (the “Notice”) and the Order of Notice pertaining to the Company’s initial filing. In the Notice, the Department requested that any interested persons file comments by January 29, 2021. In addition, the Department scheduled two public hearings, on January 26, 2021 and January 28, 2021, both via Zoom.

The Order of Notice required the Company to publish the English version of the

Notice in the Worcester Telegram, Sentinel & Enterprise, , The Patriot

Ledger, The Lowell Sun, , The , the Eagle-Tribune, and either or the , and the Spanish version of the Notice in El

Mundo, no later than December 4, 2020, and again approximately seven days prior to

January 26, 2021. The Order of Notice also required the Company to publish the Spanish version of the Notice in no later than December 12, 2020, and again approximately seven days prior to January 26, 2021.

In addition, the Order of Notice required the Company to serve the Notice by email or mail no later than December 4, 2020 to (1) the mayors, the chairs of the boards of selectmen, and the city and town clerks of the cities and towns in the Boston Gas Company and former Colonial Gas Company’s service areas; (2) the service list in Boston Gas

Company and Colonial Gas Company d/b/a National Grid, D.P.U. 17-170 (2018); and

(3) any person who has filed a request for notice with the Company. The Order of Notice also instructed the Company to place a copy of the Notice on its website by November 30,

2020, conspicuously referencing the rate filing on the home page and providing a link to the Notice to be made available for viewing until January 29, 2021.

Lastly, the Order of Notice directed the Company to provide notice to customers through the following means: (1) a bill insert to be sent to customers in each customer’s first billing cycle following the date of the Order of Notice; and (2) an email to all customers with email addresses on file with the Company, to be sent once at least 21 days prior to January 26, 2021, and once again 7 days prior to that date. The Order of Notice

-2-

also directed the Company to use other available forms of social media, as described in the

Communication Plan, to notify customers.

II. THE COMPANY HAS SUBSTANTIALLY COMPLIED WITH THE NOTICE REQUIREMENTS

The Company has completed all of the requirements set forth in the Order of Notice issued by the Department with one exception. Inadvertently, the Company did not send emails to all customers with email addresses on file at least 21 days, and again 7 days, prior to January 26, 2021. The Company sent the Notice in an email to all customers with email addresses on file with the Company on January 21, 2021, instead of January 5, 2021 and

January 19, 2021. The Company regrets this oversight. However, because the Company complied with all other notice requirements encompassed within the Order of Notice, customer notification of the comment deadline and public hearings was disseminated by other modes of communication. Therefore, notice is not impaired.

In particular, the Company timely published the Notice on its website and twice in all required by the Order of Notice. Further, on December 2, 2020, the

Company electronically served the Notice to (1) the mayors, the chairs of the boards of selectmen, and the city and town clerks of the cities and towns in the Boston Gas Company and former Colonial Gas Company’s service areas; and (2) the service list in Boston Gas

Company and Colonial Gas Company d/b/a National Grid, D.P.U. 17-170. The Company did not receive any requests for notices from any person.

The Company also provided notice through individual bill inserts mailed to its customers in each customer’s first billing cycle following November 24, 2020. As a result

-3-

of the bill inserts, all customers who receive hard copy bills received a copy of the Notice.1

Lastly, the Company sent the Notice via email to customers with an email address on file with the Company on January 21, 2021, eight days before the comment deadline and seven days before the final public hearing in this proceeding. Thus, the Company can confirm that it has sent a copy of the Notice to all customers.

The inadvertent oversight of the additional notice to customers via email did not impair customer notification of the proceeding due to the execution of the directives of the

Order of Notice in relation to other modes of communication. Moreover, the Company has email addresses on file for only 58 percent of its customers; therefore, email notification is not the primary mode of notice in relation to this proceeding.2 In fact, in addition to the widespread publications and other notices provided, customers were provided with notification through a bill insert mailed to customers in the first billing cycle after

November 24, 2020. Thus, the Company has taken multiple steps to ensure as many customers as possible had an opportunity to receive the Notice in advance of the public hearings and public comment deadline.

For the foregoing reasons, the Company has substantially complied with the requirements in the Order of Notice. Accordingly, the Company has ensured that customers and other interested persons received ample notice of the initial filing, the public comment deadline, and the public hearings, enabling customers to submit written comments to the Department in accordance with the January 29, 2021 deadline and to

1 Customers who receive electronic bills did not receive the bill insert; however, they did receive the email notice sent on January 21.

2 Email notification with the required notice was sent to these customers on January 21.

-4-

attend the public hearings scheduled for January 26, 2021 and January 28, 2021, as set out in the Notice.

III. CONCLUSION

WHEREFORE, for the reasons stated above, the Company respectfully requests that the Department determine that the Company has substantially complied with the Order of Notice and afforded customers and other interested persons ample notice of the written public comment deadline and public hearings.

Respectfully submitted,

BOSTON GAS COMPANY d/b/a/ NATIONAL GRID

By its attorneys,

Cheryl M. Kimball, Esq. Robert J. Humm, Esq. Keegan Werlin LLP 99 High Street, Ste. 2900 Boston, Massachusetts 02110 (617) 951-1400 [email protected] [email protected]

Melissa G. Liazos National Grid 40 Sylvan Road Waltham, MA 02451 (781) 907-2108 phone (781) 296-8091 fax [email protected]

Dated: January 22, 2021

-5-