Nstar responded in part by claiming, plausibly, that they were being held to nonexistent standards. Utilities do not come with a satisfaction guaranteed contract.
I remember when those ceiling tiles fell in the Big Dig tunnel killing an Ecuadorian woman. Marsha Chokely got a $500,000 fine from the company that sold the contractor the adhesive, even though they clearly warned them that is was a temporary adhesive. The product they sold was neither defective, nor improperly labeled nor did the vendor make any misrepresentations whatsoever. I'm sure the insurance company's lawyers told them to just pay up to avoid a court case where a John Edwards jury might award unlimited amounts.
This will have the effect of diluting the value of utility equities as these gubmit holdups will have to be accounted for. Similar to John Edwards running OBGYN physicians out of NC.