Common use of INTRODUCTION AND PROCEDURAL HISTORY Clause in Contracts

INTRODUCTION AND PROCEDURAL HISTORY. On January 15, 2016, Liberty submitted it’s 2016 Least Cost Integrated Resource Plan (“LCIRP”) as required by RSA 378:38 and Order No. 25,625 (January 27, 2014) (the “2016 Plan”). Ultimately, the 2016 LCIRP was approved by the Commission in Order No. 26,039 (July 10, 2017). That Order provided, in relevant part, that at the time it filed its next LCIRP, Liberty would provide the information required by RSA 378:38, as well as additional information relating to standard operating procedures. Pursuant to RSA 378:38, “each electric and natural gas utility, under RSA 362:2, shall file a least cost integrated resource plan with the commission within 2 years of the commission’s final order regarding the utility’s prior plan, and in all cases within 5 years of the filing date of the prior plan.” The 2016 Plan filing was approved by the Commission on July 10, 2017, and Order No. 26,039 provided that Liberty’s next LCIRP would be due within approximately 2 years of that date, or July 1, 2019. On February 12, 2019, the Commission Staff submitted its recommendation on grid modernization in Docket No. IR 15-296. Among other things, the Staff’s recommendation proposed that the LCIRP be replaced by a new submission, an Integrated Distribution Plan or IDP, and that utilities request waivers of the LCIRP filing requirements in light of the new IDP. See February 12, 2019 Staff Recommendation in Docket No. IR 15-296 at 67. In view of the above recommendation, on April 15, 2019, Liberty filed a motion seeking a waiver of the requirement to make an LCIRP filing by July 1, 2019. On June 14, 2019, the Commission issued Order No. 26,261 in Docket No. DE 16-097 and partially granted the waiver requested by Liberty. In granting the waiver the Commission ordered that Liberty make what it described as “a more limited filing” on or before July 15, 2019, and that the “purpose of that filing will be to ensure that Liberty is adhering to the commitments made in its prior approved LCIRP.” Id. at 6. Specifically, the Commission ordered: Id. Our prior approval of Liberty’s 2016 LCIRP contained a number of specific deliverables and we will require updates of those no later than August 25, as listed below: • Confirmation that the utility is currently following the process of system planning using established procedures, criteria, and policies outlined in its 2016 LCIRP, and achieving the objectives included its 0000 XXXXX; and • Copies of adopted standard operating procedures for employees and managers integrating day-to-day and long-term planning consistent with the Company’s objectives of Least Cost Planning On July 15, 2019, Liberty made the filing specified by Order No. 26,261. Following a prehearing conference and technical session on September 25, 2019, the Settling Parties engaged in several rounds of discovery and on January 23, 2020, the Staff filed the testimony of Xxxx Xxxxxx. Thereafter, the Settling Parties engaged in settlement discussions that have culminated with this Agreement.

INTRODUCTION AND PROCEDURAL HISTORY. On January 15, 2016, Liberty submitted itSection 14.6 of the settlement agreement in Eversource’s 2016 Least Cost Integrated Resource Plan most recent distribution rate case in Docket No. DE 19-057 directed the Company to propose modifications to the R-OTOD portion of its tariff within six months of approval by the New Hampshire Public Utilities Commission (“LCIRPCommission”) as required by RSA 378:38 of that settlement agreement. The rate proposal was to include, but not be limited to “a two-period rate structure consisting of on-peak and Order Nooff-peak periods, with a on-peak period lasting no more than eight hours.” Xxxxxx Xx. 25,625 (January 27, 2014) (the “2016 Plan”)XX 00-000 Xxxxxxxxxx Agreement on Permanent Distribution Rates at 29. Ultimately, the 2016 LCIRP The settlement agreement was approved by the Commission in Order No. 26,039 26,433 (July 10Dec. 15, 20172020). That Order provided000001 Eversource filed the proposal for R-OTOD-2 on June 15, 2021. On July 7, 2021 the DOE filed a notice of appearance pursuant to RSA 12-P:9 and on July 12 the OCA filed a letter of participation consistent with RSA 363:28. XXXX filed a petition to intervene in relevant partthis docket on September 1, 2021, and the Commission granted that at the time it filed its next LCIRP, Liberty would provide the information required by RSA 378:38petition on September 14, as well as additional information relating approving the procedural schedule for this docket, which entailed three rounds of discovery to standard operating proceduresbe served on the Company as well as three technical sessions. Pursuant On March 4, 2021, the DOE filed testimony. At that time it was noted that there was no opportunity under the procedural schedule for the Company to RSA 378:38file rebuttal testimony. To address that omission, “each electric and natural gas utilityto better facilitate the possibility for the parties to reach settlement in this docket, under RSA 362:2Eversource, shall file a least cost integrated resource plan with the commission within 2 years support of the commission’s final order regarding the utility’s prior planall parties, and in all cases within 5 years of the filing date of the prior plan.” The 2016 Plan filing was approved by the Commission on July 10, 2017, and Order No. 26,039 provided that Liberty’s next LCIRP would be due within approximately 2 years of that date, or July 1, 2019. On February 12, 2019, the Commission Staff submitted its recommendation on grid modernization in Docket No. IR 15-296. Among other things, the Staff’s recommendation proposed that the LCIRP be replaced by a new submission, an Integrated Distribution Plan or IDP, and that utilities request waivers of the LCIRP filing requirements in light of the new IDP. See February 12, 2019 Staff Recommendation in Docket No. IR 15-296 at 67. In view of the above recommendation, on April 15, 2019, Liberty filed a motion seeking a waiver to amend the procedural schedule on March 18, 2022, which the Commission granted on March 30, 2022. Eversource filed rebuttal testimony on April 18, 2022, and settlement discussions commenced in early May 2022. It was the intent of the requirement parties to make an LCIRP filing by July 1, 2019. On June 14, 2019, the Commission issued Order No. 26,261 settlement agreement in Docket No. DE 1619-097 057 that R-OTOD be revised to include a two-period rate structure consisting of on-peak and partially granted the waiver requested by Libertyoff-peak periods, with an on-peak period lasting no more than eight hours. In granting addition, the waiver Company’s intent has been for the Commission ordered that Liberty make what it described rate design to better reflect current cost of service and customer load curves and duration, as “well as to implement the R-OTOD update without incurring any significant incremental costs due to the already-existing rate structure. For this reason, an updated revision to R-OTOD could also be implemented relatively quickly. The update to R-OTOD would most notably have a more limited filing” on or before July 15substantially shorter on-peak period. Currently, 2019, and R-OTOD has a 13-hour on-peak window. The settlement agreement in Docket No. DE 19-057 required that the new on-peak window be “purpose of that filing will be to ensure that Liberty is adhering to the commitments made in its prior approved LCIRPno more than eight hours.” Id. at 6. Specifically, the Commission ordered: Id. Our prior approval of LibertyThe Company’s 2016 LCIRP contained a number of specific deliverables original proposed R-OTOD-2 was designed to have time-varying transmission and we will require updates of those no later than August 25, as listed below: • Confirmation that the utility is currently following the process of system planning using established procedures, criteria, and policies outlined in its 2016 LCIRP, and achieving the objectives included its 0000 XXXXX; and • Copies of adopted standard operating procedures for employees and managers integrating day-to-day and long-term planning distribution components—consistent with the 000002 existing rate structure—while shortening the on-peak window to seven hours, from noon to 7 p.m. during non-holiday weekdays. The Settling Parties acknowledge the Company’s objectives representation that, based on its extensive analysis conducted for peak periods of Least Cost Planning On July 15differing lengths and at a variety of times, 2019this new on-peak period at the designated time was determined to be reflective of cost of service and responsive to current demand curves, Liberty made while providing customers the filing specified possibility of increased savings compared with the existing R-OTOD, and also providing the possibility of bill savings as compared with residential Rate-R, depending on customer usage behavior. The Settling Parties agree that the proposed rate design seeks to reflect updated marginal costs and load curves while encouraging customers to reduce on-peak period electricity usage by Order Noswitching loads to off-peak periods of lower utility and system costs. 26,261. Following a prehearing conference and technical session on September 25, 2019Additionally, the Settling Parties engaged agree that the Company’s proposal as modified by this settlement agreement may make the R-OTOD-2 rate more attractive to residential customers currently on Rate R, and so may result in several rounds greater enrollment than the approximately 43 customers currently enrolled in R-OTOD, while providing greater incentive for customers to shift usage from on-peak to the off-peak periods, thereby increasing the probability of discovery and relieving some of the burden on January 23the electric distribution grid during on-peak periods. For these reasons, 2020, the Staff filed the testimony of Xxxx Xxxxxx. Thereafteras described in greater detail below, the Settling Parties engaged in assert that the proposed R-OTOD-2 as modified by this settlement discussions agreement is just and reasonable and recommend that have culminated with the Commission approve this Agreementsettlement agreement without modification.

INTRODUCTION AND PROCEDURAL HISTORY. On January 15June 19, 20162015, Liberty Eversource submitted it’s 2016 a Least Cost Integrated Resource Plan (“LCIRP”) as required by RSA 378:38 and Order No. 25,625 24,659 (January 27May 1, 2014), as clarified by the Commission in Order No. 25,676 (June 12, 2015) (the “2016 2015 Plan”). Ultimately, a settlement agreement on the 2016 LCIRP 2015 Plan was reached between Eversource and the Commission Staff and approved by the Commission in Order No. 26,039 26,050 (July 10August 25, 2017). That Order The settlement agreement relating to the 2015 Plan provided, in relevant part, that at the time it filed its next LCIRP, Liberty Eversource would provide the information required by RSA 378:38, as well as additional information relating to standard operating proceduresas outlined in the agreement on the 2015 Plan. Pursuant to RSA 378:38, “each electric and natural gas utility, under RSA 362:2, shall file a least cost integrated resource plan with the commission within 2 years of the commission’s final order regarding the utility’s prior plan, and in all cases within 5 years of the filing date of the prior plan.” The 2016 In that the 2015 Plan filing was approved by the Commission made on July 10June 19, 20172015, and Order No. 26,039 26,050 provided that LibertyEversource’s next LCIRP would be due within approximately 2 years of that date, or July 1August 25, 2019. On February 12, 2019, the Commission Staff submitted its recommendation on grid modernization in Docket No. IR 15-296. Among other things, the Staff’s recommendation proposed that the LCIRP be replaced by a new submission, an Integrated Distribution Plan or IDP, and that utilities request waivers of the LCIRP filing requirements in light of the new IDP. See February 12, 2019 Staff Recommendation in Docket No. IR 15-296 at 67. In view of the above recommendation, on April 159, 2019, Liberty Eversource filed a motion seeking a waiver of the requirement to make an LCIRP filing by July 1August 25, 2019. On June 14, 2019, the Commission issued Order No. 26,261 26,262 in Docket No. DE 1615-097 248 and partially granted the waiver requested by LibertyEversource. In granting the waiver the Commission ordered that Liberty Eversource make what it described as “a more limited filing” on or before July 15by August 25, 2019, and that the “purpose of that filing will be to ensure that Liberty Eversource is adhering to the commitments made in its prior approved LCIRP.” Id. at 6. Specifically, the Commission ordered: Id. Our prior approval of LibertyEversource’s 2016 2015 LCIRP contained a number of specific deliverables and we will require updates of those no later than August 25, as listed below: • Confirmation that the utility is currently following the process of system planning using utilizing those established procedures, criteria, and policies outlined in its 2016 2015 LCIRP, and achieving the objectives included in its 0000 XXXXX2015 LCIRP; • A copy of the Eversource-UES and Eversource-NHEC Joint Recommendations Report from each of the most recent joint planning meetings with UES and with NHEC; • 2019 Organization charts for field distribution operations, planning, and engineering; • An updated crew complement report (include bucket crews, digger crews, and troubleshooters assigned to each area work center in all five regions) for 2017, 2018, and 2019; • The Company’s evaluation of targeted energy efficiency solutions for potential projects for 4 & 12 kV substations due to loading; • An update on the HeatSmart customer recertification results; • A copy of the most recent list of proposed capital projects which were presented to senior management for consideration of approval; and • Copies Details regarding the steps taken through each state of adopted standard operating procedures the Planning Process Flow for employees each of the highest-cost distribution capital projects with a status of In Service, Under Construction, or Planned, within the prior two years, and managers integrating day-to-day and long-term a demonstration of how the LCIRP plan was followed through the planning consistent with process. We will not require Eversource to update its distribution automation plan or its customer engagement platform in the Company’s objectives of Least Cost Planning On July 15August 25, 2019, Liberty filing. Although those items were included in the order approving the 2015LCIRP. They will be covered in more detail in the IDP. Id. at 6-7. On August 23, 2019, Eversource made the filing specified by Order No. 26,26126,262. Following a prehearing conference and technical session on September 25, 2019, the Settling Parties engaged in several rounds of discovery and on January 2322, 2020, the Staff filed the testimony of Xxxx Xxxxxx. Thereafter, the Settling Parties engaged in settlement discussions that have culminated with this Agreement.