July 10, 2019

John Rhodes, Chair State Public Service Commission Empire State Plaza Agency Building 3 Albany, NY 12223-1350

Thomas Falcone, Chief Executive Officer Power Authority 333 Earle Ovington Blvd Uniondale, NY 11553

Re: Request to call for a cease and desist or reprimand in response to National Grid’s recent email to customers urging them to lobby for Williams NESE Pipeline

Dear Commissioner Rhodes and Mr. Falcone:

We write to you as New York residents and organizational leaders in National Grid’s Downstate service area along with our statewide colleagues.

On July 8, 2019, members of our organizations and many other National Grid customers received an email from the utility with the subject line, “Natural gas supplies are at risk in downstate New York.” The email urges customers to “take action” by lobbying federal and state elected officials to urge Governor Cuomo to approve the Northeast Supply Enhancement Project (NESE).

We find this communication to be ethically questionable, as it contains several unvetted statements concerning NESE. Given National Grid’s monopoly power as a public utility in the State of New York, their email could be an abuse of power and a circumvention of the Public Service Commission (PSC) process. The PSC has a robust system of administrative procedures to ensure that ratepayers can weigh in and have their interests represented when utilities—particularly monopoly utilities—make changes that might affect them. Yet National Grid is encouraging its customer base to send unvetted information, with no opportunity for customers to verify National Grid’s assertions, to hear countervailing opinions, or to learn about how NESE could affect gas rates.

In particular, National Grid misleads its consumers by claiming that a gas shortage may result absent construction of NESE. By making a unilateral and unsupported determination that a gas shortage exists, and by unilaterally deciding to address this alleged gas shortage by telling customers “if you’re looking to expand your gas service in Brooklyn, or Long Island, we will not be able to meet your request unless NESE is approved", National Grid’s actions usurp Section 66-a of the Public Service Law (PSL), which gives the Commission the express power to address gas shortages and allocate the existing amount of gas among customers. Threatening to impose what amounts to a moratorium also prevents the Commission from adequately regulating the potentially self-serving actions of a monopoly utility. Additionally, there is no mention of renewable alternatives to gas for National Grid’s customers to comply with New York State’s law to lower emissions to respond to the climate crisis. National Grid’s email to ratepayers has had the effect of spreading unvetted information to thousands of customers who, given National Grid’s monopoly status, have little choice but to pay heed.

We are writing to ask that the Public Service Commission file a cease and desist or reprimand in response to National Grid’s abuse of its monopoly status. We are looking to you to ensure that regulated entities conduct themselves with the highest ethical standards as we transition to clean energy throughout New York State.

Sincerely, Alliance for a Green Economy Citizens' Environmental Coalition Food & Water Watch Fossil Free Tompkins Green Education and Legal Fund Nassau Hiking & Outdoor Club New York Communities for Change New York Progressive Action Network NYC-Democratic Socialists of America Peace Action New York State Rockaway Beach Civic Association Rockaway Women for Progress Safe Energy Rights Group Sane Energy Project Sierra Club Long Island Group Surfrider Foundation, NYC Chapter Syracuse Peace Council 350.org 350Brooklyn Cc: Governor Cuomo; Cc: Attorney General Letitia James; Cc: Dale Bryk; Deputy Secretary for Energy and Environment; Cc: Commissioner Basil Seggos, Department of Environmental Conservation; Cc: Ms. Karen Gaidasz, Project Manager NYSDEC-Division of Environmental Permits; Cc: Mayor Bill de Blasio; Cc: Comptroller Scott Stringer; Cc: Public Advocate Jumaane Williams; Cc: Speaker Corey Johnson, New York City Council;

Cc: Chair Costa Constantinides New York City Council's Environmental Protection Committee; Cc: Senate Majority Leader Andrea Stewart-Cousins; Cc: Assembly Speaker Carl E. Heastie; Cc: Senator Charles Schumer; Cc: Senator Kirsten Gillibrand; Cc: Board of Trustees: LIPA Cc: Congressman Jerry Nadler; Cc: Senator ; Cc: Assemblymember ; Cc: Senator Anna Kaplan; Cc: Assemblymember ; Cc: Assemblymember Stacey Pfeffer-Amato; Cc: Senator Joseph Addabbo; Cc: Senator James Sanders; Cc: Assemblymember Michaelle C. Solages; Cc: Assemblymember Cc: Congressman Gregory Meeks Cc: Congresswoman Grace Meng Cc: Congresswoman Nydia Velázquez Cc: Assemblymember Hakeem Jeffries Cc: Congresswoman Yvette Clark; Cc: Congressman Max Rose; Cc: Congresswoman Carolyn Maloney