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DPUC delays project's fuel cell decision(New Haven Register (New Haven, CT) Via Acquire Media NewsEdge) Dec. 25--NEW BRITAIN -- The final decision by the state Department of Utility Control on regulatory issues around use of a fuel cell to power a large residential project in New Haven has been put off for a month. John Betkoski, vice chairman of the DPUC, Wednesday said the commission felt it needed more time to review the complex legal questions around metering at 360 State St. for the mixed-use retail and residential complex that hopes to be the "greenest" building of its kind in the state. "There is still some final review that has to take place by our legal staff," said Betkoski, who is the lead commissioner on the Becker proposal. There has been concern that the regulatory apparatus in the state has not kept up with the energy goals and emphasis on the use of new technology set by the governor's office and development agencies in Connecticut. "I think it is safe to say, based upon the Becker application, the way regulations and statutes are interpreted at this time, will be revisited to make sure there is consistency between funding agencies, such as the (Connecticut) Clean Energy Fund ran and regulatory agencies, such as ours," Betkowski said. The issue will be heard at the commission's first meeting of the new year Jan. 7. In a preliminary ruling, staff concluded that the commission's present regulations would not allow master metering for the building and submetering of the individual 500 apartments, but the developer, Becker and Becker of Fairfield, has submitted briefs countering that argument. The 32-story $180 million residential/ retail project is the first to come before the DPUC, but Connecticut Clean Energy Fund officials said it hopefully won't be the last, as the state encourages the use of alternative energy sources, particularly fuel cells, which are produced by UTC Power of South Windsor. Becker's 32-story building, at the former Shartenberg site in New Haven, may be the largest residence in the state and he is aiming to acheive Leadership in Energy and Environmental Design (LEED) Gold Certification from the U.S. Green Building Council. That won't be the case if rates for the energy produced by the 400-kilowatt natural gas fuel cell don't cover his investment, as well as operation and maintenance of this new technology. The clean energy fund has approved a grant for close to half of the $2 million fuel cell. Becker is asking that a master meter monitor overall energy use, with excess energy sold back to United Illuminating, while the utility would provide energy to the building when needed at peak summer useage. Becker's proposal is to charge each tenant for individual use, at the same rate used by U.I., while he would collect the $86,000 in service charges that the utility would normally earn. A project he developed in New York approved the use of a fuel cell there with a similar arrangement. U.I. has objected, arguing that the state cannot approve a private utility company, which it does not have the ability to regulate, while the DPUC was concerned with the resale of electricity for profit. Use of the fuel cell is in line with the state's energy policy, while the individual submetering of apartments is expected to encourage conservation. Becker has said he is willing to accept whatever regulatory arrangements the DPUC wants and advocates hope an interim solution can be worked out until new regulations are instituted. His lawyers argue the regulation which allows submetering at marinas and campgrounds and "any location as approved by the (department,)" gives the DPUC the flexibility it needs to approve his project. To see more of New Haven Register, or to subscribe to the newspaper, go to http://www.nhregister.com. Copyright (c) 2008, New Haven Register, Conn. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |