N.H. Code Admin. R. Ann. Puc — Public Utilities Commission (See also Department of Energy under En.) www.puc.nh.gov

Partial collection: 21 of 22 listed publisher documents are included. 1 missing or unavailable documents and their reasons are recorded in the collection metadata.

Chapter Puc 100 Organizational Rules

Part Puc 101 Applicability

N.H. Code Admin. R. Ann. Puc 101.01 Chairman

“Chairman” means the commission's presiding commissioner and administrative head, who is appointed under RSA 363:4 and possesses the powers and duties conferred under RSA 21-G:9.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 101.02 Clerk’s office

“Clerk’s office” means the office designated by the commission to receive all filings and to maintain the commission docket system.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 101.03 Commission

“Commission” means the public utilities commission established under RSA 363:1.

History

#6470, eff 3-18-97; ss by #8656, eff 6-10-06; ss by #14185, eff 1-24-25 (formerly Puc 102.02)

N.H. Code Admin. R. Ann. Puc 101.04 Commissioner

“Commissioner” means a member of the commission appointed under RSA 363:3.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 101.05 Customer

“Customer” means any person, firm, partnership, corporation, cooperative marketing association, tenant, governmental unit, or subdivision of a municipality, or the state of New Hampshire who has contracted for gas, sewer, or water service from a utility.

History

#6470, eff 3-18-97; ss by #8656, eff 6-10-06; ss by #14185, eff 1-24-25 (formerly Puc 102.05)

N.H. Code Admin. R. Ann. Puc 101.06 Department

“Department” means the New Hampshire department of energy.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 101.07 Document

“Document” means any paper or electronic record, including without limitation, any application, complaint, petition, motion, prepared testimony, date request, data response, exhibit, brief, written communication, or correspondence. With respect to an electronic record, “the term” does not include information that would not appear if the document were printed in paper form.

History

#6470, eff 3-18-97; ss by #8656, eff 6-10-06; ss by #14185, eff 1-24-25 (formerly Puc 102.06)

N.H. Code Admin. R. Ann. Puc 101.08 Office of the consumer advocate (OCA)

“Office of the consumer advocate (OCA)” means the office of the consumer advocate established under RSA 363:28.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 101.09 Person

“Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character which appears before the commission for any purpose.

History

#6470, eff 3-18-97; ss by #8656, eff 6-10-06; ss by #14185, eff 1-24-25 (formerly Puc 102.11)

N.H. Code Admin. R. Ann. Puc 101.10 Service list

“Service list” means the list of persons entitled to receive notice of all filings and commission orders in a specific commission docket.

History

#14185, eff 1-24-25

Part Puc 102 Description and Contact Information for the Commission.

N.H. Code Admin. R. Ann. Puc 102.01 General Description

(a) The commission is an independent state agency comprised of a chairman, 2 commissioners, and staff members who report to the chairman. The commission exercises jurisdiction of matters as outlined in Puc 102.02 and Puc 204.01 and other responsibilities as delegated to it by the General Court.

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 102.02 Jurisdiction

The commission’s jurisdiction shall include:

(a) The general supervision of the state’s public utilities as outlined by RSA 374:3;

(b) Acting as the arbiter between the interests of public utilities and customers; and

History

#14185, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 102.03 Commission’s Office and Business Hours

(a) The commission’s office location, mailing address, and contact information are:

New Hampshire Public Utilities Commission

21 S. Fruit St., Suite 10

Concord, NH 03301-2429

Telephone: (603) 271-2431

Email: ClerksOffice@puc.nh.gov

Website: https://www.puc.nh.gov/

(b) The commission’s business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding New Hampshire state holidays.

History

#14185, eff 1-24-25

Part Puc 103 Requests for Public Information

N.H. Code Admin. R. Ann. Puc 103.01 General Inquiries and Requests for Access to Records

(a) General inquiries about the commission may be transmitted to the clerk’s office at the address and telephone number specified in Puc 102.03(a).

(b) Any person requesting access to commission records under RSA 91-A shall direct a request for access as specified in (c) below.

(1) Identify as particularly as possible the information being sought;

(2) Include a statement that the requestor agrees to pay a copying fee equal to the greater of the actual cost of providing the copy or $0.25 per page, or an affirmative request that based on financial hardship the Requestor is asking for a waiver of the fee(s), if applicable; and

(3) Be transmitted to the clerk at the address specified in Puc 102.03(a).

APPENDIX

RULE

STATUTE

Puc 101.01- Puc 101.12

RSA 363, RSA 365:8

Puc 102.01 and Puc 102.02

RSA 365:8

Puc 103.01

RSA 356:8

History

#14185, eff 1-24-25 #14185, eff 1-24-25 (formerly Puc 104.01)

Chapter Puc 200 Procedural Rules

Part Puc 201 Purpose and Scope

N.H. Code Admin. R. Ann. Puc 201.01 Purpose

The purpose of the rules in this chapter is to ensure the lawful and efficient processing of all filings submitted to the commission and the just and timely disposition of all matters before the commission.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 201.02 Scope

The rules in this chapter shall govern all communications with the commission and all matters before the commission.

History

#14184, eff 1-24-25

Part Puc 202 Definitions

N.H. Code Admin. R. Ann. Puc 202.01 Adjudicative proceeding

“Adjudicative proceeding” means a proceeding that is conducted pursuant to the procedure followed in contested cases set forth in RSA 541-A:31 through RSA 541-A:36 and the Puc 200 rules of the commission.

Source.

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.02 Business day

“Business day” means any Monday through Friday, excluding state holidays.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.03 Commission information request

“Commission information request” means questions from the commission to a party or multiple parties for specific information or documents as described in Puc 203.18.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.04 Commission technical session

“Commission technical session” means a meeting of the parties at which information is shared on an informal basis and, with notice, the presiding officer, commissioners, or commission staff are present pursuant to RSA 541-A:31,V(b).

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.05 Data request

“Data request” means a discovery procedure in which the requesting party asks another party for specified information or requests the production of documents.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.06 Declaratory ruling

“Declaratory ruling” means a commission ruling as to the applicability of any statutory provision or of any rule or order of the commission.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.07 File

“File”, as a verb, means to send an electronic or deliver a paper copy of a document to the commission.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.08 File electronically

“File electronically” means to file a document, using the online commission portals, by:

(a) Using the electronic filing system, if available, at https://www.puc.nh.gov; or

(b) Sending an email to the commissions clerk’s office at ClerksOffice@puc.nh.gov with documents attached in a file format accepted by the commission in accordance with Puc 203.03.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.09 Hearing

“Hearing” means a publicly noticed session held in a matter before the commission or its designee, which provides an opportunity for any participant, party, or intervenor to present evidence, conduct cross-examination, or otherwise participate.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.10 Motion

“Motion” means a request for an order or ruling by the commission directing some act to be done in favor of the party making the motion, and shall include a statement of justification or reasons for the request.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.11 Non-adjudicative proceeding

“Non-adjudicative proceeding” means any proceeding that is not included under Puc 202.01 and is not governed by RSA 541:31 through RSA 541:36.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.12 Participant

“Participant” means any person that chooses to engage in a non-adjudicative proceeding.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.13 Party

“Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party” in an adjudicative proceeding.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.14 Person

History

##14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.15 Petition

“Petition” means the initial pleading filed with the commission pursuant to Puc 203.07(a) to commence a proceeding for the purpose of seeking commission action.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.16 Pleading

“Pleading” means a written request for commission action or a written response to a written request for commission action in the form of, including but not limited to, a petition, motion, objection, or reply. The term “pleading” does not include communications in the form of correspondence, such as a letter or email.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.17 Position statement

“Position statement” means a written response to a pleading outlining the responder’s factual and legal arguments or viewpoints regarding “the same”.

Puc 202. 18 “Prefiled testimony” means a written document in question-and-answer form, offered by a person who intends to make themselves available to adopt the written answers at hearing, under oath.

History

#14184, eff 1-24-25
#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.19 Prehearing conference

“Prehearing conference” means a convening by the presiding officer pursuant to RSA 541-A:31, V. The term includes a status conference or a commission technical session.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.20 Presiding officer

“Presiding officer” means the chairman of the public utilities commission, or the person designated to act on the chairman’s behalf at a hearing pursuant to Puc 204.06, or an individual conducting a hearing pursuant to RSA 363:16.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.21 Proceeding

“Proceeding” means an adjudicatory or non-adjudicatory matter within the purview of the statutory authority of the commission assigned a docket number.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.22 Pro se

“Pro se” means an individual who is representing oneself in a proceeding.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.23 Remote participation

“Remote participation” means participating in an in-person hearing via electronic means that enable participants to communicate with each other contemporaneously from a location other than that at which the hearing is being conducted.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.24 Routine filings

“Routine filings” means documents submitted, on a recurrent basis, by a utility to the commission, and as specified in Puc 203.10(a).

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.25 Technical session

“Technical session” means a meeting of the parties at which information is shared on an informal basis and at which neither the presiding officer, commissioners, or any commission staff are present.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 202.26 Technical statement

“Technical statement" means a substantive statement providing a party’s position or conclusion on a particular matter and the underlying analysis that led the party to the position(s) or conclusion(s), provided in the form of a report or statement and distinct from the analysis provided by counsel in a legal memo.

History

#14184, eff 1-24-25

Part Puc 203 General Requirements for All Proceedings

N.H. Code Admin. R. Ann. Puc 203.01 Waiver of Rules

(a) The commission or the presiding officer shall waive the provisions of any of the commission’s administrative rules, except when precluded by statute, in response to a motion filed by an interested party, or on the commission or presiding officer’s own motion, if it is found that:

(1) The waiver serves the public interest; and

(2) The waiver will not disrupt the orderly and efficient resolution of matters before the commission.

(b) In determining the public interest, the commission or the presiding officer shall find a request to be in the public interest if:

(1) Compliance with the rule would be onerous or inapplicable given the circumstances of the affected person; or

(2) The purpose of the rule would be satisfied by an alternative method proposed.

(d) The commission or the presiding officer shall consider any waiver request made orally during a hearing or prehearing conference.

(e) A request for a waiver shall specify the basis for the waiver, how the waiver might affect other parties or participants, and a proposed alternative, if any.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 201.05)

N.H. Code Admin. R. Ann. Puc 203.02 Computation of Time

(a) Unless otherwise specified, all time periods referenced in this chapter shall be in calendar days.

(b) Computation of any period of time established in these rules shall begin with the first day after the action that triggers the time period and shall include the last day of the period so computed, and:

(1) For time periods not established in statute, if the last day of the period so computed does not fall on a business day, then the time period shall be extended to include the first business day following; and

(2) When the period of time prescribed or allowed is less than 6 days, intermediate Saturdays, Sundays, and New Hampshire state holidays shall be excluded in the computation of time.

History

#2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06; ss by #10101, eff 3-24-12
#14184, eff 1-24-25 (formerly Puc 202.03)

N.H. Code Admin. R. Ann. Puc 203.03 Address and Filing Format

(a) All correspondence intended for the commission shall be addressed to the commission chairman. All written communications shall be sent to the commission’s clerk’s office at ClerksOffice@puc.nh.gov or

NH Public Utilities Commission

21 South Fruit Street, Suite 10

Concord, N.H. 03301-2429

(b) Electronic filings shall be made in searchable portable document format (PDF) and searchable excel files and reflect the same text and pagination as any submitted hardcopies.

(c) Electronic submissions larger than 33 MB shall be submitted via the state of New Hampshire file transfer protocol. Instructions for the New Hampshire file transfer protocol (FTP) shall be listed on the commission’s website. USB flash drives and other electronic storage devices shall be rejected.

(d) If unable to utilize the New Hampshire FTP, electronic submissions larger than 33 MB may be broken into multiple emails and sent to the commission’s clerk’s office at ClerksOffice@puc.nh.gov. The subject line of the emails must include sequential numbering and clearly articulate the number of parts that constitute a complete filing.

(e) The business hours of the commission are Monday through Friday, except for state Holidays, from 8 am to 4:30 pm.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.04 Number of Copies

No paper filings shall be required if filed electronically. If the filing is not made electronically, then a single original paper filing shall be submitted pursuant to Puc 203.03(a).

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.05 General Requirements for Written Communications

All written communications submitted to the commission shall:

(a) Be dated;

(b) Be signed. An electronic signature or “/s/” mark, with the full name of the signing person provided with the electronic signature or “/s/” mark, shall be an acceptable means of signing the filing;

(c) Identify the name and mailing address, email address, and telephone number of the person submitting the document and the party or parties on whose behalf it is submitted, if any;

(d) Identify the appropriate docket number, order number, or other pertinent subject matter;

(e) Be typed on 8-1/2 by 11 inches sized paper;

(f) Have no less than one-inch margins on all sides;

(g) Contain sequentially numbered pages;

(h) If a pleading or testimony, be double-spaced;

(i) If a pleading, be filed as a separate document from any supporting materials, such as testimony and supporting attachments;

(j) If materials supporting a pleading, be organized with a single series of numerical page designations, for example Bates numbering; and

(k) If supporting a pleading that is over 20 pages, include a table of contents.

History

#2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 202.06)

N.H. Code Admin. R. Ann. Puc 203.06 Pleading Requirements

(a) All requests for commission action shall be made in the form of a pleading that complies with the commission’s administrative rules.

(b) All pleadings filed with the commission shall comply with the following requirements in addition to those contained in Puc 203.05:

(1) Include a cover letter that has the docket service list attached;

(2) Contain a certification that the filer has sent a copy of the filing to all participants and parties on the docket service list;

(3) The heading on the first page of each pleading shall state “Before the New Hampshire Public Utilities Commission”;

(4) Identify the legal name of each person seeking the authorization or relief and the address or principal place of business of such person;

(5) Identify the nature of the document, including the name of the utility and the subject matter of the pleading;

(6) Contain a clear and concise statement of the authorization or other relief that is sought;

(7) Identify the statutory provision or legal precedent under which the relief is sought;

(8) Identify the electronic mail address of the person making the filing or a statement that the person making the filing is unable to receive electronic mail;

(8) Contain a concise statement of the facts supporting the request for authorization or relief; and

(9) Contain such other data as the filer considers relevant to the request for relief.

(1) Electronically to the email addresses contained on the commission’s service list for the docket; or

(2) By first class mail or other expedited delivery service to such persons identified on the commission’s service list for the docket as unable to receive electronic mail.

(d) All participants or parties in a commission docket shall be responsible for notifying the commission in a timely manner, per the process in Puc 203.05, of any changes to their contact information. Notice sent using the information contained in the commission’s current service list shall be deemed sufficient.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.07 Specific Pleadings

(a) The procedure for filing petitions shall be as follows:

(1) All requests for relief shall be in the form of a petition, which may be accompanied by prefiled testimony;

(2) Contain a certification that the filer has sent a copy of the filing to the department, and office of the consumer advocate (OCA) at the time of filing with the commission;

(3) All petitions seeking a rate adjustment shall be filed in compliance with Chapter Puc 1600, if applicable, and shall be accompanied by prefiled testimony and supporting documents;

(4) If a witness's written testimony exceeds 20 pages, excluding attachments, the testimony shall include a detailed table of contents;

(5) If the scope of a proceeding is expanded, the commission shall issue a supplemental order of notice that allows the parties and any potential intervenor’s time to file supplemental testimony, petitions to intervene, or comments on the new or unanticipated issues;

(6) All petitions filed by public utilities shall include a statement of the estimated financial impact, in dollars, that the petition would have if granted;

(7) Within 30 days of filing of a petition for an increase in rates pursuant to RSA 378, the petitioner shall complete and submit to the commission “Automatic Disclosures,” Form 200B (12/2024); and

(8) The “Automatic Disclosures” shall include the following information:

a. Docket number, docket name, and docket description;

b. All statutes and rules that govern the petition and a brief analysis as to why they apply;

c. Any statutory deadlines that are required to be met by the commission;

d. Whether the petition requests approval of any new rate or tariff feature, and if so list them;

e. The estimated rate impact of requested commission action, including, if applicable:

Fixed or volumetric dollar value of new, increased, or decreased rates per kWh, therm, or cubic ft. of water; and
Rate impacts on each customer group in monthly and annual whole dollar figures; and

f. Whether the petitioner has consulted with the department and OCA regarding its proposals.

(b) The procedure for making and processing motions shall be as follows:

(1) All motions shall contain a statement as to whether or not the parties to the docket assent to the motion;

(2) The presiding officer shall permit an oral motion to be made on the record during a hearing, or prehearing conference;

(3) Motions to continue shall be filed at least 7 days prior to the date of the noticed hearing;

(4) Motions to extend deadline(s) shall be filed as soon as possible and, absent unforeseeable circumstances, at least 3 business days prior to the expiration of the deadline in question. The commission shall grant a motion to extend deadline if a. and b. are established:

a. The party making the request has demonstrated that circumstances would cause undue hardship or inconvenience unless the request was granted; and

b. The extension would not unduly delay the proceeding or adversely affect the rights of any party;

(5) In addition to the requirements outlined in (4) a. and (4) b., an explanation of unforeseeable circumstances shall be included in motions to extend deadline(s) that are not filed at least 3 business days prior to the expiration of the deadline for the commission’s consideration;

(6) The presiding officer shall grant a motion to amend if it will promote the just resolution of the proceeding and will not cause undue delay;

(7) Motions for rehearing may be filed by any party or person directly affected by a commission action pursuant to RSA 541:3 and RSA 365:21;

(8) Motions for confidential treatment shall comply with Puc 203.12;

(9) A motion for remote participation shall be filed as a written motion that names and provides contact information, including email addresses, for each individual requesting to appear remotely, which explains why appearance in person would be impractical or unreasonable under the circumstance and shall be filed with the commission’s clerk’s office no later than fifteen days prior to the hearing date; and

(10) Any party or participant may make a motion for decision by order nisi. The request that the commission decide by order nisi shall state specific reasons why a hearing is not necessary in the proceeding.

(c) Objections to motions, including motions for rehearing filed under RSA 541 and RSA 365:21, shall be in writing and filed within 10 days of the date on which the motion is filed.

(d) Complaints shall comply with Puc 204.27.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.08 Date of Filing

Filings shall be deemed filed on the date that the commission receives them, if submitted during the commission’s business hours listed in Puc 203.03. A filing submitted after hours shall be deemed to have been filed on the next business day.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06; ss by #9897, INTERIM, eff 3-26-11, EXPIRED: 9-22-11
#10101, eff 3-24-12
#14184, eff 1-24-25 (formerly Puc 202.05)

N.H. Code Admin. R. Ann. Puc 203.09 Public Records

(a) Subject to RSA 91-A, all documents submitted to the commission shall become matters of public record as of the day and time of the submission, with the following exceptions:

(1) Accident reports under RSA 374:40;

(2) Information about individual residential customers, the disclosure of which would constitute an invasion of privacy within the meaning of RSA 91-A:5, IV;

(3) Documents submitted in connection with any proceeding in which confidential treatment has been requested pursuant to Puc 203.12;

(4) Documents subject to a protective order of the commission issued pursuant to Puc 203.12;

(5) Documents granted confidential treatment pursuant to Puc 203.10 and Puc 203.11; or

(6) Other documents entitled to confidential treatment pursuant to RSA 91-A or other applicable law.

(b) All information within documents described in section (a) above and submitted to the commission and asserted to be confidential by the person making the submission, shall be redacted in the version for public release prior to submission. All redactions shall be made in a way that, within the redacted version of the document(s), preserves the line sequencing and pagination of the unredacted version of the document(s) to the greatest practicable extent, including any blank pages, and:

(1) Bears the legend “REDACTED” at the upper-right-hand corner of the first page, and every redacted page; and

(2) Indicates all confidential segments with either:

a. The legend “BEGIN CONFIDENTIAL,” in all capital letters, at the beginning of the redacted segment, followed by a left bracket. Following the left bracket, the confidential segment shall be replaced by a blank space of approximately equal length to the material being redacted. The end of the redacted segment shall be indicated with a right bracket, followed by the legend “END CONFIDENTIAL,” in all capital letters, as follows:

“BEGIN CONFIDENTIAL[blank space]END CONFIDENTIAL”;

b. Indication of redacted material by blacking it out or highlighting it with a solid black line in the following manner: redacted material; or

c. Any other method that clearly indicates the scope of the material redacted.

(c) For each redacted document submitted, the person submitting the document shall also provide an unredacted version of the confidential document(s) to the commission that:

(1) Bears the legend “CONFIDENTIAL” at the upper-right-hand corner of the first page, and every page with confidential material; and

(2) Indicates all redactions with either:

a. The legend “BEGIN CONFIDENTIAL,” in all capital letters, at the beginning of the confidential segment, followed by a left bracket. The end of the confidential segment shall be indicated with a right bracket, followed by the legend “END CONFIDENTIAL,” in all capital letters, as follows:

“BEGIN CONFIDENTIAL[confidential segment]END CONFIDENTIAL”;

b. Indication of all redactions made by highlighting the confidential segment in light gray in the following manner: confidential segment; or

c. Any other method that clearly indicates the material redacted in the redacted version.

(d) The public version(s) of any discovery-related submissions made pursuant to Puc 203.10 shall be filed with the commission no later than 3 days after the submission of the confidential version(s) of such discovery-related material.

History

#2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 201.04)

N.H. Code Admin. R. Ann. Puc 203.10 Requests for Confidential Treatment of Documents Submitted by Utilities in Routine Filings

(a) The following shall be the routine filings to which the procedure established by Puc 203.10 and Puc 203.11 applies:

(1) Preliminary and final “Wholesale Performance Plan Reports” for telecommunications companies containing carrier-specific performance and bill credit calculations;

(2) Department of Energy form “T-7 Exchange Eligibility Report”;

(3) In cost of gas proceedings:

a. Supplier commodity pricing information related to the unit volumetric and demand cost;

b. Pricing and delivery special terms of supply agreements;

c. Pricing and special terms for storage lease agreements;

d. Natural gas or propane costs and availability relating to hedging;

e. Special terms for hedged natural gas or propane contracts;

f. Supply commodity cost information specific to individual suppliers in supply and demand forecasts; and

g. Responses to data requests related to a. through f. above;

(4) Department of Energy form E-5, “Accident Reports”;

(5) If electric default service solicitations from third parties are sought:

a. Default service solicitations;

b. Bidder information;

c. Descriptions of the financial security offered by each bidder;

d. Bid evaluations;

e. Rankings of bidders’ financial security;

f. Descriptions of financial security required by bidders;

g. Fuel supplier contracts;

h. Commodity and fuel pricing;

i. Contact lists used during the requests for proposals process;

j. Financial security, pricing, and quantity terms of master power agreements and amendments;

k. Transaction confirmations;

l. Retail meter commodity cost calculations;

m. Wholesale power purchase prices until made public by other governmental agencies; and

n. Responses to data requests related to a. through m. above;

(6) Utilities’ cybersecurity plans, pursuant to RSA 91-A:5, XI; and

(7) Utilities’ physical security plans, pursuant to RSA 91-A:5, VI.

(b) Those parties submitting documents pursuant to Puc 203.10 shall indicate that they are relying on Puc 203.10 and Puc 203.11 in their request for confidential treatment.

(c) For electronic filings, both a public and confidential version shall be prepared and submitted. For paper filings made pursuant to this rule outside of an adjudicative proceeding, parties shall file one public copy and one confidential copy. Filings made in an adjudicative proceeding shall comply with Puc 204.

(d) The commission shall make a determination regarding requests for confidential treatment of documents or portions of documents submitted pursuant to Puc 203.10 upon request for release of those documents to the public submitted pursuant to Puc 203.11.

(e) Prior to commission determination regarding confidential treatment, documents submitted to the commission pursuant to Puc 203.10 shall be:

(1) Treated as confidential by the commission and any other party that might receive them; and

(2) Maintained by the commission, and any parties receiving a copy of the documents, according to such conditions as the commission determines are necessary to preserve such confidentiality.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97; EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 201.06)

N.H. Code Admin. R. Ann. Puc 203.11 Requests for Release to the Public of Confidential Documents Submitted in Routine Filings

(a) Puc 203.11 shall apply to all routine filings subject to Puc 203.10. All references to written communications in this rule also refer to documents filed via electronic means.

(b) Puc 203.11 shall govern the commission’s consideration of requests submitted pursuant to Puc 103.01 for public release of one or more documents for which confidential treatment has been requested pursuant to Puc 203.10.

(c) The commission, within 5 business days of the receipt of a request made pursuant to Puc 203.11, shall send a written acknowledgment to the person requesting public release that includes:

(1) A statement that confidential treatment has been requested for the document(s);

(2) A statement of the time reasonably necessary to determine whether the request for release shall be granted or denied; and

(3) A statement that the request for release is subject to the provisions of Puc 203.11.

(d) The commission shall provide the person who submitted the document(s) with written notice of the request for release within 5 business days of the receipt of the request for release.

(e) The notice in (d) above shall:

(1) Describe the request for release; and

(2) Afford the person who submitted the document(s) 10 calendar days from the date of the notice to submit to the commission a written objection to release of the document(s) to the public, pursuant to (f) below.

(f) Objections to release shall comply with Puc 203.07 and contain:

(1) A specific description of the document(s) or specific portions of documents for which confidentiality is sought;

(2) Specific facts showing how release of the requested document(s) would constitute an invasion of privacy under RSA 91-A:5, including a description of how the requested material includes confidential, commercial, or financial information, or other information subject to the exemptions of RSA 91-A:5;

(3) A specific description of the harm that would result from release; and

(4) A representation that the information contained in the document(s) or portions of document(s) for which confidentiality is sought is not already available to the public.

(g) The commission shall take one of the following actions pursuant to RSA 91-A:5 and other applicable law:

(1) Approve the public release of the requested documents in their entirety;

(2) Approve the partial release of the requested documents, subject to redactions approved by the commission; or

(3) Deny the request for release in its entirety.

(h) In making its determination pursuant to (g) above, the commission shall consider:

(1) The written request for release;

(2) The original request for confidential treatment pursuant to Puc 203.10;

(3) Written objections filed with the commission;

(4) Additional information that the commission requests; and

(5) Any applicable law.

(i) In determining the proper action under (g) above, the commission shall:

(1) Consider whether there is a privacy interest at stake that would be invaded by the disclosure of the requested documents;

(2) Consider whether the public has an interest in disclosure of the requested documents; and

(3) Decide whether any public interest in disclosure is outweighed by the state’s interest in non-disclosure and any privacy interest in non-disclosure.

(j) The commission shall provide written notice of its decision to the requesting party.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 201.07)

N.H. Code Admin. R. Ann. Puc 203.12 Motions for Confidential Treatment

(a) The commission shall grant a motion for confidential treatment and issue a protective order providing for the confidential treatment of one or more documents upon a finding that the document or documents are entitled to such treatment pursuant to RSA 91-A:5, or other applicable law, based upon the information submitted pursuant to (b) below.

(b) A motion for confidential treatment submitted pursuant to this rule shall contain:

(1) The documents, specific portions of documents, or a detailed description of the types of information for which confidentiality is sought;

(2) Specific reference to the statutory or common law support for confidentiality; and

(3) A detailed statement of the harm that would result from disclosure and any other facts relevant to the request for confidential treatment.

(c) Documents submitted to the commission accompanied by a motion for confidential treatment shall not be disclosed to the public until the commission rules on the motion.

(d) In lieu of immediately filing a motion for confidential treatment, a party providing a document to the department, the OCA, or any other governmental entity in discovery that the party wishes to remain confidential shall accompany the submission with a written statement that:

(1) The party submitting such documents has a good faith basis for seeking confidential treatment of the documents pursuant to this rule; and

(2) Such party intends to submit a motion for confidential treatment regarding such documents pursuant to Puc 203.07(b).

(e) Documents submitted to the commission, the department, the OCA, or any other governmental entity accompanied by a written statement pursuant to (d) above shall be treated as confidential, provided that the party submitting the documents thereafter files a motion for confidential treatment pursuant to Puc 203.07(b).

(f) The commission shall maintain confidential copies in a secure location.

(g) If the commission grants a motion for confidential treatment, the confidential information shall not be subject to public disclosure, and the document shall be treated according to such conditions as the commission determines are necessary to preserve such confidentiality.

(h) If the commission denies a motion for confidential treatment or modifies a previously issued protective order so that information previously held confidential is no longer entitled to such treatment, the information shall not be disclosed until all rights to request rehearing and to appeal have been exhausted or waived.

(i) When necessary to protect the confidentiality of material entitled to such treatment under this section, the commission shall include in its protective order a directive that all parties receiving the material shall also treat it as confidential.

(j) The granting of a motion for confidential treatment shall be subject to the ongoing authority of the commission on its own motion, or on the motion of any party or member of the public to reconsider the determination.

(k) If any information entitled to confidential treatment under these rules is thereafter released or made public by the party who sought its protection, any confidential treatment shall cease with respect to the released information but shall remain in full force and effect as to the information not so released or made public.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 203.08)

N.H. Code Admin. R. Ann. Puc 203.13 Location of Proceeding

(a) Except as provided in (b) below, the commission shall conduct all hearings in person at its office in Concord.

(b) The commission shall conduct one or more hearings in the service territory of an affected utility or municipal district if:

(1) Required by law to do so; or

(2) It would assist the commission to ascertain the views of the utility’s customers by conducting such a hearing in a particular location other than Concord.

(c) The commission shall require a view in any proceeding when it deems that a view would assist the commission in reaching a decision in a matter.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.14 Docket and Calendar of Hearings

The commission shall:

(a) Maintain a docket of all proceedings pending before the commission;

(b) Keep a complete record of all the proceedings of the commission, including all books, maps, documents, and papers filed with the commission, and orders issued by the commission;

(c) Maintain a record of all petitions, complaints, applications, rulemakings, investigations, and any other matters before the commission;

(d) Maintain a calendar of all hearings scheduled before the commission; and

(e) Maintain a service list for each proceeding of parties or participants to the proceeding.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 202.02)

N.H. Code Admin. R. Ann. Puc 203.15 Requirements for Appearing Before the Commission

(a) Any person may appear before the commission:

(1) On one's own behalf;

(2) By an attorney authorized to practice in any state or the District of Columbia and whose license is in good standing;

(3) By an employee and authorized agent; or

(4) By any person the commission authorizes, pursuant to RSA 365:10-a, to act as a representative of the person before the commission.

(b) Any person appearing before the commission shall file a “Notice of Appearance”, Form 200A (12/2024) and adhere to:

(1) The commission’s administrative rules; and

(2) Any orders of the commission in the docket.

(1) Docket number, docket name, and docket description;

(2) Name and contact information, and bar number for attorney representatives;

(3) Name and contact information for any person, other than the attorney representative, that the attorney representative is requesting to be added to the docket service list;

(4) Name and contact information for pro se individuals; and

(5) A signed acknowledgement of the pro se litigant’s obligation to keep the commission up to date with their contact information.

(d) The commission shall prohibit the appearance of any person described in (a) above if it finds that person to have demonstrated a disregard for commission practices and procedures or otherwise disrupted commission proceedings.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.16 Public Comment

The commission shall provide persons who are not a party or a participant in a proceeding, but having interest in the subject matter, with an opportunity to state their position.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRES: 8-19-06
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 203.18)

N.H. Code Admin. R. Ann. Puc 203.17 Orders Nisi

(a) In a docketed matter, the commission shall elect to issue a final order with a delayed effective date referred to as an order nisi.

(b) If permitted under New Hampshire law.

(d) Any order nisi shall include a notice and publication requirement to allow interested parties an opportunity to object or request a further hearing.

(e) An interested party that fails to timely intervene or participate in a proceeding shall demonstrate good cause for late-intervention, as provided by RSA 541-A:32, II.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.18 Commission Information Requests

(a) At any time during a proceeding, the commission may ask participants or parties questions which are relevant to the noticed issues in the proceeding, to be answered in writing or orally within a time period determined by the commission.

(b) Responses to commission information requests shall contain the name of the person who completed the information request, their position with the responding party and contain an oath or affirmation as to the accuracy of the information.

(c) The author of the response shall be available at hearing to answer questions from the commission and be subject to direct and cross-examination.

(d) If a commission information request is asked at the final hearing, the commission shall provide an opportunity for the parties to review the information submitted and file a rebuttal, if necessary.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.19 Recording

Consistent with RSA 541-A:31,VII, the entirety of all oral proceedings shall be recorded verbatim by the commission, and the recording shall be maintained for at least 30 days from the date of the final decision by the commission or an appeal, if applicable. Copies of recordings may be requested in writing to the commission.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 203.20 Transcripts

(a) When the commission or any party desires a transcript of any proceeding, the commission shall order a transcript.

(b) The charge for production of the transcription shall be paid by the utilities participating in the proceeding, or as otherwise directed, pursuant to RSA 365:37 and RSA 365:38.

(d) The official transcript of the proceedings shall be the transcript obtained by the commission pursuant to Puc 203.20(a).

History

#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 203.31)

N.H. Code Admin. R. Ann. Puc 203.21 Obstructing Justice

The commission shall refer for prosecution, pursuant to RSA 641:1 and RSA 641:2, any person who:

(a) Testifies falsely to any material matter wherein the person has given their oath or affirmation, and has good reason to believe the testimony to be untrue; or

(b) Willfully falsifies any account, book, record, financial statement, or other information regarding any material matter, believing the content to be untrue, with the intent to mislead or deceive any commissioner, presiding officer, or commission staff member.

History

#8657-A, eff 6-10-06
#14184, eff 1-24-25 (formerly Puc 202.08)

N.H. Code Admin. R. Ann. Puc 203.22 Withdrawal of Presiding Officer or Commissioner

(a) Upon their own initiative or upon the motion of any party, or participant, a presiding officer or commissioner shall, for good cause, withdraw from any proceeding or other matter.

(b) Good cause shall exist if a presiding officer or commissioner:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party or participant;

(2) Has made statements or engaged in behavior which objectively demonstrates that they have prejudged the facts of a proceeding;

(3) Personally believes that they cannot fairly judge the facts of a proceeding;

(4) Is obligated to withdraw because their impartiality might reasonably be questioned; or

(5) Is otherwise required to withdraw pursuant to applicable law.

(c) Mere knowledge of the issues, the parties, the participants, or any witness shall not constitute good cause for withdrawal, nor shall the fact that the presiding officer or commissioner is a customer of a utility that is a party to the proceeding.

History

#8657-A, eff 6-10-06; ss by #10101, eff 3-24-12
#14184, eff 1-24-25 (formerly Puc 202.09)

N.H. Code Admin. R. Ann. Puc 203.23 Control of Hearing

(a) In cases of disorder or refusal to comply with the rules of the hearing, the presiding officer may use reasonable means to control the hearing.

(b) During commission proceedings, no person shall engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the presiding officer may admonish the offender, reminding the offender that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a proceeding.

(c) If any person demonstrates that they are incapable of complying with this rule, the presiding officer may exclude a disorderly person from the hearing.

History

#14184, eff 1-24-25

Part Puc 204 Adjudicative Proceedings and Hearings

N.H. Code Admin. R. Ann. Puc 204.01 Applicability

Part 204 applies to:

(a) Proceedings conducted pursuant to RSA 365 other than rulemakings;

(b) Proceedings conducted pursuant to RSA 369;

(d) Proceedings conducted pursuant to RSA 374:3-a, RSA 374:7, RSA 374:22 -:36, RSA 374:34-a; RSA 374:7, RSA 374:37-40, RSA 374:41-47, and RSA 374:47-a.

(e) Proceedings related to the implementation or enforcement of RSA 374-F, and RSA 374-G;

(f) Rate proceedings conducted pursuant to RSA 378 when the commission exercises its rights to suspend a proposed rate schedule pursuant to RSA 378:6;

(g) Commission reviews of integrated distribution plans pursuant to RSA 378:40;

(h) Any other proceeding in which a person is entitled to notice and hearing;

(i) Any other docket when the commission determines it would be just and reasonable and in the public interest to conduct the case as an adjudicative proceeding per RSA 541-A;

(j) Proceedings conducted pursuant to RSA 362-A;

(k) Proceedings conducted pursuant to RSA 362-I:2;

(l) Proceedings upon the commission’s own motion pursuant to RSA 366:7; and

(m) Proceedings initiated by the department related to affiliate contracts pursuant to RSA 366:9.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.02 Parties to Adjudicatory Proceedings

: The parties to a proceeding conducted pursuant to Part Puc 204 shall consist of:

(a) The petitioners;

(b) The department;

(d) Any other entity granted intervenor status pursuant to RSA 541-A:32 and Puc 204.08.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.03 Discovery

(a) Parties to proceedings conducted pursuant to Puc 204 shall have the right to conduct discovery.

(b) Unless inconsistent with an applicable procedural order, any person covered by this rule shall have the right to serve upon any party data requests, which may consist of written interrogatories or requests for production of documents.

(d) A copy of each data request, each objection to data requests, and each response to data requests shall be served upon every person designated for discovery filings on the commission’s official service list pursuant to Puc 203.14.

(e) Responses to data requests shall be made pursuant to the parties agreed upon procedural schedule approved by commission order or within 10 business days if no other timeframe is specified by a procedural order.

(f) Objections to data requests shall:

(1) Be served in writing on the propounder of the requests within 10 days following receipt of the request unless the commission specifies a different time period in a procedural schedule order; and

(2) Clearly state the grounds on which they are based.

(g) Failure to object to a data request or requests for documents within 10 days of its receipt shall be deemed a waiver of the right to object.

(h) Motions to compel responses to data requests shall:

(1) Be made pursuant to Puc 203.07(b);

(2) Be made within 10 days of receiving the applicable response or objection, or 10 days of the deadline for providing the response, whichever is sooner;

(3) Specify the basis of the motion; and

(4) Certify that the movant has made a good faith effort to resolve the dispute informally.

(i) The commission shall authorize other forms of discovery, including technical sessions, depositions, and any other discovery method permissible in civil judicial proceedings before a state court when such discovery is necessary to enable the parties to acquire evidence admissible in a proceeding.

(j) When a party has provided a response to a data request, and prior to the issuance of a final order in the proceeding, the party shall have a duty to reasonably and promptly amend or supplement the response if the party obtains information which the party would have been required to provide in such response had the information been available to the party at the time the party served the response.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-B, eff 6-10-06; ss by #10797-A, eff 3-18-15
#14184, eff 1-24-25 (formerly Puc 203.09)

N.H. Code Admin. R. Ann. Puc 204.04 Notice of Proceeding

(a) The commission shall give notice of a prehearing conference or hearing, which shall contain the information required by RSA 541-A:31, III and the following:

(1) A statement of the date, time, place, and nature of the hearing or prehearing conference;

(2) A statement of the legal authority under which the hearing is to be held;

(3) A reference to the particular statutes and rules involved, including this chapter;

(4) A short and plain statement of the issues presented; and

(5) A statement that each party has the right to have an attorney represent them at the party’s own expense.

(b) The commission shall direct the petitioner or other party to the docket to disseminate a notice issued pursuant to this section to the general public by causing the notice to be published on the petitioner’s website or by such other method as the commission deems appropriate and advisable in order to ensure reasonable notification to interested parties.

(d) A petitioner required by the commission to publish notice shall file a sworn affidavit of publication, with a copy of the notice as published appended thereto, by a date specified in the notice.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#8657-B, eff 6-10-06; ss by #10797-A, eff 3-18-15
#14184, eff 1-24-25 (formerly Puc 203.12)

N.H. Code Admin. R. Ann. Puc 204.05 Failure to Appear or Respond

If a party to a commission proceeding fails to appear at a hearing or respond when required to a commission order, the commission shall conduct the scheduled hearing or decide the contested issue without that party’s input.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.06 Presiding Officer

(a) Except as provided in (b) or (c) below, the chairman of the commission shall serve as presiding officer.

(b) When the chairman is absent but one or more commissioners are present at a hearing or prehearing conference, the most senior commissioner present shall designate the presiding officer.

(d) The duties of a presiding officer shall include, but are not limited to:

(1) Presiding over the prehearing conferences and hearings; and

(2) Ruling on discovery disputes, confidentiality requests, and procedural matters which might arise during the course of a hearing.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6559, eff 8-19-97, EXPIRED: 8-19-05
#8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
#14184, eff 1-24-25 (formerly Puc 203.14)

N.H. Code Admin. R. Ann. Puc 204.07 Prehearing Conference

(a) In order to facilitate proceedings and encourage informal disposition, the presiding officer shall, upon motion of any party, or upon the presiding officer’s own motion, schedule one or more prehearing conferences.

(b) The commission shall provide notice to all parties prior to holding any prehearing conference.

(c) At least ten days prior to the initial prehearing conference, the petitioner shall circulate a “Structuring Statement,” Form 200C (12/2024) to the parties. The “Structuring Statement” shall be filed with the commission at least 3 business days prior to the prehearing conference.

(d) The “Structuring Statement” shall provide the following information:

(1) Name of case, docket number, and docket description;

(2) List of the parties and hearing counsel to the hearing;

(3) Identification of any petitions to intervene;

(4) Confirmation of whether an audit has been performed and, if available, whether or not the audit will be submitted into evidence with the commission;

(5) A preliminary listing of all witnesses to be called; and

(6) All known procedural issues and motions.

(e) The “Structuring Statement” shall include the name and signature of the filers.

(f) Prehearing conferences shall include consideration of any of the following:

(1) Offers of settlement pursuant to RSA 541-A:31;

(2) Simplification of the issues;

(3) Stipulations or admissions as to issues of fact or proof, by consent of the parties;

(4) Limitations on the number of witnesses;

(5) Consolidation of examination of witnesses by the parties;

(6) Consideration of any petitions for intervention and any objection filed thereto;

(7) Establishment of a procedural schedule to govern the remainder of the proceeding;

(8) Whether a full audit is necessary, and who will provide the audit to the commission;

(9) Motions for confidential treatment of matters raised in the proceeding and otherwise to facilitate discovery; and

(10) Any other matters which aid in the disposition of the proceeding.

(g) Within 5 business days after the initial prehearing conference the petitioner shall file a proposed procedural schedule, with concurrence indicated, including hearing dates, time needed for hearing and discovery deadlines.

History

#8657-B, eff 6-10-06; ss by #10797-A, eff 3-18-15
#14184, eff 1-24-25 (formerly Puc 203.15)

N.H. Code Admin. R. Ann. Puc 204.08 Intervention

The intervention process shall be as follows:

(a) Requests to intervene shall be in the form of a petition, in which the petitioner states the reasons why intervention in a specific docket should be granted;

(b) The commission shall rule on petitions to intervene in accordance with the standards of RSA 541-A:32; and

(c) In exercising its discretion under RSA 541-A:32, II, the commission shall consider whether the intervention will impair the orderly and prompt conduct of the proceedings.

History

#14184, eff 1-24-25 (formerly Puc 203.17)

N.H. Code Admin. R. Ann. Puc 204.09 Consolidation of Hearings

(a) When more than one petition seeks the same or similar relief, the commission shall consolidate the proceedings to be heard on a common record if it determines that doing so will promote the orderly and efficient conduct of the proceeding.

(b) The commission shall note any such consolidation in the docket of each affected proceeding.

(d) In determining an equitable sharing of costs pursuant to (c) above, the commission shall consider:

(1) A utility's number of customers; and

(2) A utility's New Hampshire revenue.

(e) If a party objects to consolidation, such consolidation shall not occur until after the party has had an opportunity to be heard on the issue.

History

#14184, eff 1-24-25 (formerly Puc 203.19)

N.H. Code Admin. R. Ann. Puc 204.10 Settlement

(a) Parties to the docket that participate in settlement discussions shall treat such discussions as confidential and shall not disclose the contents of such discussions.

(b) The commission shall approve a disposition of any contested case by settlement agreement, if it determines the settlement agreement is consistent with applicable law, is just and reasonable, and serves the public interest.

(c) A proposed settlement agreement shall be filed no less than 15 business days prior to the hearing unless otherwise ordered, except as provided in (d). If a settlement agreement is filed late, the commission shall determine whether to reschedule the hearing based on the determination in (d).

(d) The commission shall accept a late-filed settlement agreement when such acceptance:

(1) Promotes the orderly and efficient conduct of the proceeding; and

(2) Will not impair the rights of any party to the proceeding.

(e) In addition to, or in lieu of, filing a proposed settlement agreement, parties may file proposed findings of facts and conclusions of law for the commission's consideration.

History

#14184, eff 1-24-25 (formerly Puc 203.20)

N.H. Code Admin. R. Ann. Puc 204.11 Limiting Number of Witnesses or Time

The commission shall limit the number of witnesses or the time for testimony or oral argument upon a particular issue, as needed, to avoid unnecessary or cumulative presentation.

History

#14184, eff 1-24-25 (formerly Puc 203.21)

N.H. Code Admin. R. Ann. Puc 204.12 Exhibits

(a) Exhibits shall be filed 10 business days prior to hearing.

(b) Exhibits shall:

(1) Be sequentially numbered by page throughout the multiple parts of an exhibit, if applicable, and lines shall be sequentially numbered on each page;

(2) Be Bates stamped in the lower right-hand corner with Arabic numerals;

(3) Be pre-marked in the upper right-hand corner of each page with the docket number and the exhibit number, and named with the docket number, date of hearing, exhibit number, as follows “Docket No._Hearing_Date_exh. #”; and

(4) If confidential, include identification that it is confidential and be marked accordingly.

(d) Parties filing exhibits shall ensure each page has no less than one-inch margins on all sides.

(e) A party presenting an exhibit at hearing with any material that has not been previously submitted to the commission shall provide a copy to commission staff, each commissioner, the court reporter, any witness or witnesses then testifying, and each party present at the hearing.

(f) When determining whether to admit a late-filed hearing exhibit or an exhibit not filed pursuant to Puc 204.12(a) into evidence, the commission shall consider:

(1) Whether there are reasonable grounds for failure to submit the exhibit pursuant to Puc 204.12(a);

(2) The probative value of the exhibit;

(3) The prejudicial effect the late filed exhibit would have on the other parties; and

(4) Whether the new evidence requires the hearing to be cancelled or rescheduled.

(g) Any party offering an exhibit other than a document or photograph shall:

(1) Produce the exhibit for evaluation during a hearing; and

(2) Submit a photographic representation of the exhibit for inclusion in the record.

(h) Upon receipt of exhibits that do not comply with Puc 204.12(a)-(g), the commission shall review the noncompliant filing to determine if additional time is needed for the commission to review all exhibits prior to hearing.

History

#14184, eff 1-24-25 (formerly Puc 203.22)

N.H. Code Admin. R. Ann. Puc 204.13 Pre-Marked Exhibits and Witness Lists

(a) The parties shall confer for the purposes of identifying and numbering exhibits and the petitioner shall submit a complete list of exhibits with the proposed numbering and document title.

(b) At least 10 business days before a hearing, the parties shall file with the commission pre-marked hearing exhibits and proposed lists of witnesses to appear at hearing.

(c) Parties shall present new exhibits at hearing based on a showing that the material is new or was otherwise unavailable by the applicable deadline, and after considering the probative value of the exhibit and whether the opportunity to submit a document impeaching or rebutting the late filed exhibit without further hearing shall adequately protect the parties' right of cross examination, the commission shall admit such additional exhibits.

(d) New exhibits presented at hearing during cross-examination, for the purpose of impeachment, shall not be subject to the timeframe outlined in Puc 204.13(b).

(e) A PDF version of Puc 204.13(f) shall be included, if feasible, in the pre-marked exhibits.

(f) Exhibits in the form of any spreadsheets shall be submitted in live format with formulae and links intact as confidential pursuant to Puc 203.12 and shall maintain the same Bates number as the PDF version that was pre-marked pursuant to Puc 204.13(e)

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.14 Evidence

(a) The parties entitled to offer evidence at hearing in an adjudicative proceeding shall be the petitioner, the department, the OCA when it has entered an appearance, and intervenor subject to any limitations imposed by RSA 531-A:32, III.

(b) All testimony, including any pre-filed written testimony adopted by a witness at hearing, shall be made under oath or affirmation.

(c) Pursuant to RSA 365:9 and RSA 541-A:33, II, the rules of evidence shall not apply in proceedings before the commission.

(d) The commission shall exclude irrelevant, immaterial, or unduly repetitious evidence, by their own determination or by objection made by a party.

(e) The commission shall give effect to the rules of privilege recognized by law.

(f) The commission shall entertain objections to evidence at hearing and note them in the record.

(g) A party shall submit documentary evidence in the form of copies or excerpts unless the commission finds that the authenticity of the submission is questionable or the copy is not legible.

(h) Excerpts of documents shall include the proper citation to the complete document.

(i) A response to a data request posed pursuant to Puc 204.03, when offered into evidence by a party other than the party that provided the response, shall be treated as an admission of the party that provided the data response.

History

#14184, eff 1-24-25 (formerly Puc 203.23)

N.H. Code Admin. R. Ann. Puc 204.15 Cross-Examination

Consistent with any conditions imposed pursuant to RSA 541-A:32, III, the petitioner, the department, the OCA, and any party granted intervenor status may conduct cross-examination of a witness. The party’s scope of cross-examination shall be limited to topics relevant to issues within the noticed scope of the proceeding.

History

#14184, eff 1-24-25 (formerly Puc 203.24)

N.H. Code Admin. R. Ann. Puc 204.16 Burden and Standard of Proof

Unless otherwise specified by law, the party seeking relief through a petition shall bear the burden of proving the truth of any factual proposition by a preponderance of the evidence.

History

#14184, eff 1-24-25 (formerly Puc 203.25)

N.H. Code Admin. R. Ann. Puc 204.17 Order of Proceeding

In hearings on petitions, or motions, the party that has the burden of proof pursuant to Puc 204.16 shall have the opportunity to present first and last in any hearing in the proceeding.

History

#14184, eff 1-24-25 (formerly Puc 203.26)

N.H. Code Admin. R. Ann. Puc 204.18 Official Notice

(a) The commission, if requested by a party, or on its own initiative, shall take official notice of one or more of the following:

(1) Any fact which could be judicially noticed in the courts of New Hampshire;

(2) The relevant portion of the record of other proceedings before the commission;

(3) Generally recognized technical or scientific facts within the commission’s specialized knowledge;

(4) Codes or standards that have been adopted by an agency of the United States, of New Hampshire, or of another state, or by a nationally recognized organization or association; and

(5) Prior commission orders.

(b) The commission shall notify parties either before or during the hearing or by reference in preliminary orders or otherwise of the material noticed; and

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.19 Briefs

(a) The commission shall require parties to submit briefs at any point in a proceeding if the commission determines that such briefing would assist the commission in its determination of the legal issues presented.

(b) The commission shall set any briefing deadline or deadlines so as to permit the parties adequate time to draft their briefs and without causing undue delay in the conclusion of the proceeding.

(c) The commission shall establish a briefing schedule that allows one or more parties to submit briefs in rebuttal or reply to the brief or briefs of one or more other parties when such a sequential schedule is necessary to assure due process, fairness, or full discussion of the legal issues presented.

(d) The commission shall establish a page limit for briefs when it determines that such a limit would promote the efficient resolution of issues without adversely affecting the rights of any party.

(e) The commission shall encourage joint filing of briefs when there is more than one party advocating the same result and the same legal positions and individual briefs would be duplicative.

(f) If the commission believes that an oral argument is necessary to assist the commission in its determination of the issues presented in the brief, the commission shall schedule an oral argument hearing.

History

#14184, eff 1-24-25 (formerly Puc 203.32)

N.H. Code Admin. R. Ann. Puc 204.20 Recess and Adjournment

The commission shall recess, adjourn, or continue any hearing if to do so will promote the orderly and efficient conduct of the proceeding.

History

#14184, eff 1-24-25 (formerly Puc 203.29)

N.H. Code Admin. R. Ann. Puc 204.21 Record for Decision

The commission shall decide the matter before it based upon the whole administrative record as defined in RSA 541-A:31, VI.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.22 Reopening the Record

(a) The commission shall, on its own motion or at the request of a party, authorize filing of exhibits after the close of the record, and before a decision is made, if the commission finds that late submission of additional evidence will enhance its ability to resolve the matter in dispute.

(b) Any party requesting to file an exhibit after the close of the record shall make its request:

(1) Orally before the close of the hearing; or

(2) If the hearing has concluded, by motion, pursuant to Puc 203.08(b).

(1) Whether there are reasonable grounds for failure to submit such exhibit previously;

(2) The probative value of the exhibit; and

(3) Whether a parties' right of cross-examination pursuant to RSA 541-A:33, IV is adequately protected if not provided the opportunity to submit a document impeaching or rebutting the late filed exhibit.

History

#14184, eff 1-24-25 (formerly Puc 203.30)

N.H. Code Admin. R. Ann. Puc 204.23 Rehearing

(a) Any person eligible to request rehearing shall do so according to the provisions of RSA 541 and RSA 365. Any party filing a motion for rehearing may request oral argument;

(b) The commission shall grant the request for oral argument if the commission finds that oral argument would assist the commission in its determination of the legal issues presented in the rehearing request; and

(c) If the commission provides for oral argument, it shall set a schedule, order of presentation, and overall time allotted to the parties.

History

#14184, eff 1-24-25 (formerly Puc 203.33)

N.H. Code Admin. R. Ann. Puc 204.24 Final Decisions

If no rehearing has been requested, a decision by the commission shall become final 31 days after issuance. If a decision has been made on a request for rehearing, the decision shall be final 31 days after issuance unless a timely appeal of the decision has been filed with a court having appellate jurisdiction over commission decisions.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.25 Retention of Decisions

The commission shall keep a permanent electronic record of its decisions on file in its records unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#14184, eff 1-24-25 (formerly Puc 203.34)

N.H. Code Admin. R. Ann. Puc 204.26 Certifying a Question of Law

Commission questions of law to the supreme court shall be transferred pursuant to RSA 365:20.

History

#14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 204.27 Submission of Formal Complaints

(a) Any person wishing to file a petition with the commission concerning a complaint against a public utility shall do so by first exhausting all remedies pursuant to RSA 365:1-4 concerning the complaint process at the department.

(b) If following completion by the department of its review of the complaint and announcement of its decision on the complaint, the person complaining is not satisfied with the department’s resolution of the complaint, that person may file a petition with the commission requesting further consideration of the complaint.

(c) Upon receipt of a petition pursuant to Puc 204.27(b), and over which the commission has jurisdiction, the commission shall commence an adjudicative proceeding and shall cause a copy of the complaint to be forwarded to the utility named in the complaint.

History

#14184, eff 1-24-25 (formerly Puc 204.01)

N.H. Code Admin. R. Ann. Puc 204.28 Investigations

If it appears to the commission that any public utility or other matter within its jurisdiction requires investigation, the commission shall conduct an independent investigation pursuant to RSA 365:5.

History

#14184, eff 1-24-25 (formerly Puc 204.04)

N.H. Code Admin. R. Ann. Puc 204.29 Declaratory Rulings

(a) A person seeking a declaratory ruling on any matter within the jurisdiction of the commission shall request such ruling by submitting a petition pursuant to Puc 203.

(b) Such a petition shall be verified under oath or affirmation by an authorized representative of the petitioner with knowledge of the relevant facts.

(1) Fails to set forth factual allegations that are definite and concrete;

(2) Involves a hypothetical situation or otherwise seeks advice as to how the commission would decide a future case;

(3) Does not implicate the legal rights or responsibilities of the petitioner; or

(4) Is not within the commission’s jurisdiction.

(d) Except for a petition dismissed pursuant to subsection (c), the commission shall conduct an adjudicative proceeding on a petition for declaratory ruling in accordance with Puc 204.

History

#14184, eff 1-24-25

Part Puc 205 Rulemaking

N.H. Code Admin. R. Ann. Puc 205.01 How Adopted

(a) A rule of the commission or any amendment or repeal thereof shall be adopted by the chairman after notice and opportunity for hearing in accordance with this part.

(b) Rules may be proposed by any person, governmental agency, or by the commission.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#8657-A, eff 6-10-06; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 205.02 Manner for Adoption

(a) The commission shall commence a rulemaking proceeding by drafting a proposed rule or by accepting as a proposed rule the draft of a rule proposed by any person or governmental agency.

(b) With respect to any proposed rule, the commission shall conduct rulemaking adoption proceedings which the chairman will oversee and preside over pursuant to RSA 541-A.

History

#8657-A, eff 6-10-06; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 205.03 Requests to Commission for Rulemaking

Requests from interested persons requesting adoption, amendment, or repeal of a rule shall be received and disposed of in the following manner:

(a) Requests shall be submitted to the commission by letter addressed to the chairman;

(b) Requests shall contain the following:

(1) The date of the request;

(2) The name, address, and telephone number of the person making the request; and

(3) Name and address of any other person or organization represented by the person making the request;

(d) The request shall be typed or printed in a legible fashion;

(e) The person making the request shall cite the rule and its provisions and specify any changes desired if repeal or amendment is sought, and shall provide the text or approximate text of the proposed rule;

(f) The person making the request shall include a detailed and complete statement of the reasons offered by such person in support of the requested action;

(g) If the commission determines that any rulemaking request is deficient in any respect, the commission shall, within 10 working days of receipt of said request, notify the person making the request, in writing, of the specific deficiencies and allow such person to amend the petition; and

(h) Within 30 days of receipt of a request or amended request for rulemaking, the commission shall take one of the following actions:

(1) Notify the petitioner and initiate the requested rulemaking procedures, in accordance with this part; or

(2) Deny the request, in writing, stating the reasons for denial.

History

#8657-A, eff 6-10-06; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 205.04 Request for Notice of Intended Rulemaking Action

Pursuant to the provisions of RSA 541-A:6, III, the commission shall maintain a current listing of all persons having made a request for advance notice of the rulemaking proceedings.

History

#8657-A, eff 6-10-06; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 205.05 Public Hearing

(a) If the commission initiates rulemaking proceedings under RSA 541-A, or if rulemaking is initiated pursuant to a request for rulemaking, the commission shall hold at least one public hearing pursuant to RSA 541-A:11.

(b) Notice shall be given at least 20 days prior to the public hearing pursuant to RSA 541-A:6, I.

(c) The commission shall limit the time allowed at hearing for each person’s comments when necessary to allow all persons with comments to make them.

(d) The commission shall require persons desiring to make comments to so indicate by signing a roster made available for this purpose prior to the commencement of the public comment hearing.

History

#8657-A, eff 6-10-06; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 205.06 Explanation of Proposed Rule

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the commission shall issue a written explanation of the rule pursuant to RSA 541-A:11, VII.

(b) An explanation issued pursuant to this section shall include:

(1) A concise statement of the principal reasons for and against the adoption of the rule in its final form; and

(2) An explanation of why the commission overruled the arguments and considerations against the rule.

History

#8657-B, eff 6-10-06; ss by #10797-A, eff 3-18-15; ss by #14184, eff 1-24-25

Part Puc 206 Alternative Regulation

N.H. Code Admin. R. Ann. Puc 206.01 Definitions

(a) "Alternative form of regulation" means a method of utility rate regulation pursuant to RSA 374:3-a other than methods which are based upon cost of service, rate base, and rate of return.

(b) "Utility" means "public utility" as defined in RSA 362:2.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.02 Utility May Petition

A utility may file with the commission a petition for an alternative form of regulation.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.03 Commission Shall Initiate

(a) The commission shall initiate a proceeding to establish an alternative form of regulation if it finds that alternative regulation is likely to promote or enhance one or more of the following:

(1) Competition;

(2) Advancements in development of infrastructure;

(3) Investment in new technology, plant, and equipment;

(4) Reduction in prices; or

(5) Efficiency in services.

(b) When the commission initiates a proceeding to establish an alternative form of regulation, it shall issue an order directing the affected utility to submit detailed information consistent with the requirements of Puc 206.05 and any additional information required by Puc 206.06.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.04 Adjudicatory Proceedings

(a) Proceedings initiated pursuant to Puc 206.02 or Puc 206.03 shall be considered adjudicatory.

(b) Puc 200 procedural rules shall apply to proceedings for approval, implementation, or withdrawal of approval of an alternative form of regulation.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.05 Description of Alternative Form of Regulation

When a utility petitions for an alternative form of regulation, it shall describe in detail in its petition or, as to materials requested pursuant to Puc 206.05 (f), it shall provide the following:

(a) The form of alternative regulation it seeks;

(b) The extent to which that form of alternative regulation shall apply to its entire operations or to particular portions of its services or operations;

(d) The form of regulation which shall apply after the term of the approved form of alternative regulation expires;

(e) How the rates charged under the alternative form of regulation would compare to rates that would be charged under methods which are based upon cost of service, rate base, and rate of return, if the utility were to file a rate case concurrently; and

(f) Any additional information, including but not limited to, rates, pricing, earnings, customer protections, service offerings, expansion of technology, accounting or investments which the commission shall request if the form of alternative regulation or the petition raise issues on which the commission needs further information in order to complete the record.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.06 Filing Requirements

(a) When a utility seeks an alternative form of regulation, it shall file a petition with the commission which shall contain identifying information including the name of the utility, address of the utility, and contact person.

(b) In its petition filed pursuant to Puc 206.02 or in response to a commission-initiated proceeding pursuant to Puc 206.03, the utility shall describe in detail the effects, if any, that the alternative form of regulation will have on the following:

(1) Competition;

(2) The safety, adequacy, and reliability of public utility service;

(3) The traditional regulatory balance which does not unfairly benefit or disadvantage utility consumers, utility investors, and other stakeholders;

(4) Administrative efficiency in the regulatory process for the utility and the commission;

(5) Economic development within New Hampshire;

(6) Access to basic utility service to residents throughout the state, also known as universal service;

(7) Innovation of services;

(8) Infrastructure improvements; and

(9) Environmental and conservation safeguards and incentives.

(c) Where the utility concludes that the alternative form of regulation will have no effect on any factor listed in Puc 206.06(b), the utility shall describe in detail in its petition the basis for its conclusion that there is no effect.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.07 Standards for Approval

After notice and hearing, and after considering the materials submitted by the utility, other interested parties, and commission staff, and the factors required by Puc 206.06, the commission shall approve an alternative form of regulation if it determines that such alternative:

(a) Results in rates that are not unduly discriminatory and are at a level that allows those to whom a service is being marketed to obtain such service;

(b) Provides the utility the opportunity to realize a return on its investment which falls within a range that is neither confiscatory nor unduly profitable and that reflects the utility's investment risk; and

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.08 Reporting Requirements

(a) Any utility regulated under an alternative form of regulation which maintains its books on a calendar year basis shall report to the commission no later than March 31 of each year the following information:

(1) Changes in prices of services under an alternative form of regulation during the calendar year just concluded;

(2) New services introduced under an alternative form of regulation during the calendar year just concluded;

(3) The rate of return realized on services under an alternative form of regulation during the calendar year just concluded;

(4) New construction or improvement to infrastructure introduced under an alternative form of regulation during the calendar year just concluded; and

(5) Any further information which the commission determines is necessary to confirm that the original bases for approval under Puc 206.07 have still been met.

(b) Any utility regulated under an alternative form of regulation that maintains its books on a fiscal year that does not coincide with a calendar year shall report to the commission no later than 90 days following the close of each fiscal year the information listed in Puc 206.08(a)(1) through (5).

(c) Reporting requirements under this section shall be in addition to and shall not supersede or negate the necessity to comply with any other applicable reporting requirements established under rulemaking authority of the commission.

(d) For any utility in which some services are subject to rate of return regulation and some services are subject to an alternative form of regulation, the utility shall maintain accounting records which demonstrate that the costs and revenues of rate of return regulated services are not commingled with the costs and revenues of services under an alternative form of regulation.

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

N.H. Code Admin. R. Ann. Puc 206.09 Withdrawal of Approval

(a) When the commission determines, after notice and an opportunity for hearing pursuant to Puc 200, that a utility's performance under an alternative form of regulation no longer complies with the standards for approval established by Puc 206.07, and therefore no longer serves the public interest, the commission shall issue an order withdrawing approval of the alternative form of regulation and:

(1) Initiating a proceeding to establish another alternative form of regulation, in accordance with Puc 206.06 and Puc 206.07; or

(2) Reinstituting regulation based upon cost of service, rate base, and rate of return.

(b) During the pendency of a proceeding to consider withdrawal of approval of an alternative form of regulation or a proceeding to consider another alternative form of regulation, the commission shall either:

(1) Maintain the form of regulation last approved for the affected utility; or

(2) Reinstitute regulation based upon cost of service, rate base, and rate of return.

(c) In determining the method of regulation to apply during the pendency of a proceeding pursuant to Puc 206.09(a), the commission shall order the form of regulation that best assures:

(1) Safe, adequate, and reliable utility operation;

(2) Financial stability of the utility; and

(3) Limited financial impact, if any, on ratepayers.

APPENDIX

Rule

Statute

Puc 201.01- 201.02

RSA 365:8

Puc 202.01- 202.02

RSA 365:8, I; RSA 363:17-a

Puc 202.03- 202.05

RSA 365:8, I; RSA 363:17-a; RSA 541-A:33; RSA 365:5

Puc 202.06

RSA 365:8, I; RSA 541-A:1

Puc 202.07

RSA 365:8, I; RSA 363:17-a

Puc 202.08- 202.16

RSA 365:8, I

Puc 202.17- 202.18

RSA 365:8, I; RSA 541-A: 31, RSA 541-A:33

Puc 202.19

RSA 365:8, I; RSA 541-A:31

Puc 202.20- 202.26

RSA 365:8, I; RSA 541-A:31

Puc 203.01

RSA 365:8, I

Puc 203.02

RSA 365:8, I

Puc 203.03- Puc 203.08

RSA 365:8; RSA 541-A:29; RSA 541- A: 29-a; RSA 541-A:30-a, III (a); RSA 541: 30-35

Puc 203.09

RSA 365:8

Puc 203.10-203.12

RSA 365:8

Puc 203.13-203.14

RSA 365:8

Puc 203.15

RSA 365:8; RSA 541-A:29; RSA 541-A:31; RSA 541-A:32

Puc 203.16

RSA 365:8, I and IV

Puc 203.17

RSA 365:8; RSA 541-A:33; RSA 541-A:35

Puc 203.18

RSA 365:8; RSA 541-A:31; RSA 541-A:33; RSA 365:5; RSA 374:4

Puc 203.19 – 203.20

RSA 365:8, I; RSA 541-A:31

Puc 203.21

RSA 365:8, I; RSA 365:8, RSA 541-A:31, V; 541-A:38; RSA 641:2

Puc 203.22

RSA 365:8; RSA 541-A:31, V (b)-(d)

Puc 203.23

RSA 365:8, I; RSA 641:1;

Puc 204.01

RSA 365:8

Puc 204.02

RSA 365:8; RSA 363:28; RSA 12:P

Puc 204.03

RSA 365:8, RSA 541-A:31

Puc 204.04

RSA 365:8; RSA 541-A:29; RSA 541-A:31

Puc 204.05

RSA 365:8; RSA 541-A:33

Puc 204.06

RSA 365:8; RSA 541-A:31, V (b)-(d)

Puc 204.07

RSA 365:8; RSA 541-A:31

Puc 204.08

RSA 365:8; RSA 541-A:32

Puc 204.09

SA 365:8; RSA 541-A:38

Puc 204.09

RSA 365:8; RSA 541-A:31, V; RSA 541-A:38

Puc 204.10- 204.13

RSA 365:8; RSA 541:A-33

Puc 204.14- 204.19

RSA 365:8, I; RSA 541-A:33

Puc 204.20

RSA 365:8, I; RSA 541-A:33

Puc 204.21

RSA 365:8, I; RSA 541-A:31

Puc 204.22

RSA 365:8, I; RSA 541-A:31; RSA 541-A:33

Puc 204.23

RSA 365:8, I; RSA 541:1-5; RSA 365:21

Puc 204.24

RSA 365:8, I; RSA 541-A:35; RSA 541:3

Puc 204.25

RSA 365:8, I

Puc 204.26

RSA 365:20

Puc 204.27

RSA 365:1-4; RSA 365:8

Puc 204.28

RSA 365:4-5; RSA 365:8

Puc 204.29

RSA 365:8; RSA 541-A:1

Puc 205.01 – 205.03

RSA 541-A:16, I(c)

Puc 205.04

RSA 541-A:6, III

Puc 205.05

RSA 541-A:11; RSA 541-A:16, I(b) (3)

Puc 205.06

RSA 541-A:11, VII

Puc 206.01 - 206.09

RSA 365:8, I

History

#6444, eff 1-28-97; ss by #8276, eff 1-27-05; ss by #10306, eff 4-9-13; ss by #13780, eff 10-18-23; ss by #14184, eff 1-24-25

Chapter Puc 300 Rules for Electric Service

Part Puc 301 Application of Rules

N.H. Code Admin. R. Ann. Puc 301.01 Application of Rules

(a) This chapter shall apply to any utility as defined by Puc 302.08 except as provided in (b) below.

(b) This chapter, except for the sections below, shall not apply to any rural electric cooperative for which a certificate of deregulation is on file pursuant to RSA 301:57:

(1) Puc 303.01, filing of tariffs;

(2) Puc 304.01, records;

(3) Puc 304.02, preservation of records; and

(4) Puc 304.04, uniform system of accounts.

History

#2011, eff 5-4-82; amd by #2031, eff 5-11-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97, ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 301.02 Notice of Intent to Produce Electricity

Any facility located within New Hampshire proposing to generate electricity over one megawatt ultimately sold to the public shall notify the commission in writing of its intent to produce electrical energy at least 6 months prior to the date energy is first proposed to be produced.

History

#6605, eff 10-21-97, ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (see Revision Note at chapter heading for Puc 300)

Part Puc 302 Definitions

N.H. Code Admin. R. Ann. Puc 302.01 Commission

“Commission” means the New Hampshire public utilities commission.

History

#2011, eff 5-4-82; amd by #2031, eff 5-11-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #5716, eff 10-7-93; ss by #5877, eff 8-9-94; ss by #6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.02 Competitive electric power supplier (CEPS)

“Competitive electric power supplier (CEPS)” means any person or entity that sells or offers to sell electricity to retail customers in this state pursuant to RSA 374-F:7. The term does not include “community power aggregations” or any utility or any municipal or county corporation operating within its corporate limits or submetering at campgrounds as described in RSA 362:1-a.

History

#6605, eff 10-21-97 (from Puc 302.01); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-34, EXPIRES: 10-25-24 (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.03 Customer

“Customer” means any person, firm, corporation, cooperative marketing association, utility, governmental unit, or subdivision of a municipality or of the state or nation, supplied with electric service by any utility.

History

#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14 (from Puc 302.03); ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 302.04) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.04 Department

“Department” means the New Hampshire department of energy.

History

(See Revision Note at chapter heading for Puc 300) #14106, eff 10-25-24, EXPIRES: 10-25-34

N.H. Code Admin. R. Ann. Puc 302.05 Electric service

“Electric service” means the delivery of electricity to a customer in this state by a utility.

History

#6605, eff 10-21-97 (from Puc 302.01); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 302.08) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.06 Energy conservation

“Energy conservation” means energy use activities that cost less to implement than the value of the resources saved.

History

#6605, eff 10-21-97 (from Puc 302.01); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14 (from Puc 302.07); ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 302.09) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.07 Independent System Operator for New England

“Independent System Operator for New England” (ISO-NE) means the administrator or operator for New England’s bulk power system or any successor system as named by the Federal Energy Regulatory Commission (FERC).

History

#8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 302.11) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 302.08 Utility

“Utility” means any public utility as defined in RSA 362:2 owning, operating, or managing any plant or equipment or any part of the same for the transmission, distribution, or generation of electricity ultimately sold to the public within New Hampshire except:

(a) Municipal corporations, to the extent exempt pursuant to RSA 362:4-a;

(b) Entities specifically exempted from the definition of “public utility” pursuant to RSA 362:4-c; and

History

#10603, eff 5-21-14 (from Puc 302.22); ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 302.23) (see Revision Note at chapter heading for Puc 300)

Part Puc 303 Service Provisions

N.H. Code Admin. R. Ann. Puc 303.01 Filing of Tariffs

No utility shall provide electric service until it has published and filed a complete tariff with the commission in accordance with Puc 1600.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97, ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 303.02 Change in Character of Service

(a) For purposes of this section, “change in the character of service” means any change in voltage, location of facilities, or direction of feed implemented by the utility which results in new equipment requirements for an affected customer.

(b) If a utility makes a change in the character of a customer’s service for the convenience or benefit of the utility, the utility shall pay such part of the cost of changing the equipment of the customers affected as determined by agreement between the customer and the utility or, in the absence of such an agreement, by the commission.

(c) If called upon to determine the cost which the utility shall bear for a change in the character of service for the benefit of the utility, the commission shall order payment by the utility to the customer of:

(1) The cost of the customer’s electrical utilization equipment from the point of delivery back to the source which is made obsolete by the change, less proper allowance for depreciation;

(2) The cost of installing the new equipment and removing the old equipment, less the salvage value of such equipment which the customer elects to retain; and

(3) The cost of making the necessary change in the customer's wiring.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; amd by #4341, eff 11-24-87; ss by #4999, eff 11-26-90; ss and moved by #6245, eff 5-14-96 (from Puc 303.07); ss by #6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 303.04) (see Revision Note at chapter heading for Puc 300)

Part Puc 304 Records and Reports

N.H. Code Admin. R. Ann. Puc 304.01 Records

Each utility shall keep records of the operation and performance of its generating units and distribution circuits.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 307.01) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 304.02 Preservation of Records

(a) Each utility shall preserve all records pursuant to the requirements set forth in the “Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to Provisions of the Federal Power Act”, as referred to in Puc 304.04 and adopted by the commission pursuant to RSA 374:8 and RSA 374:13.

(b) If the “Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to Provisions of the Federal Power Act” does not specify a requirement for preservation of a record required to be kept pursuant to Puc 300, the utility shall preserve any such record for a period of not less than 2 years.

(c) If any section of this chapter requires a utility to preserve certain records for more than 2 years, utilities shall comply with the terms of this chapter.

(d) A utility shall:

(1) Keep or make available such records within New Hampshire at the office or offices of the utility; and

(2) Provide access to such records to the commission, the department, or representatives of either the commission or the department during normal business hours for examination.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 307.02) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 304.03 Reports to Commission

(a) Each utility shall file periodic reports with the commission as required by Puc 308 on forms available on the commission website at www.puc.nh.gov. The utility shall file an electronic copy with the commission.

(b) Pursuant to Puc203.03(b)-(d), each utility shall electronically file each report, to the extent technologically feasible, in a format compatible with the computer system of the commission.

(c) The commission shall notify utilities no less frequently than on an annual basis of the types of electronic formats compatible with its computer system by posting the list of such formats on its website.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 307.03) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 304.04 Uniform System of Accounts

Pursuant to RSA 374:8, each utility shall maintain and preserve its accounts and records in conformity with the "Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to Provisions of the Federal Power Act" issued by the United States Federal Energy Regulatory Commission, Department of Energy.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8443, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 307.04) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 304.05 Short Term Debt

No utility shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof if such short term debt exceeds 10% of the utility’s net fixed plant without prior commission approval pursuant to Puc203.01.

History

#6605, eff 10-21-97 (formerly Puc 312); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 307.05) (see Revision Note at chapter heading for Puc 300)

Part Puc 305 Forms Required by All Utilities

N.H. Code Admin. R. Ann. Puc 305.01 E-22E Report of Proposed Distribution Expenditures for Additions, Extensions, and Capital Improvements to Fixed Capital and Operation and Maintenance (O&M) Expenses

(a) When the probable costs of any addition, extension, or capital improvement to its distribution utility plant or Operation and Maintenance (O&M) distribution account will equal or exceed $100,000, a utility shall complete a report on Form E-22E dated 10/2024 and available at the commission’s website at www.puc.nh.gov, and file an electronic copy with the commission and a paper and electronic copy with the department.

(b) The commission shall accept construction and O&M budgets if the budgets:

(1) Include highlights of all projects or O&M distribution accounts in excess of $100,000;

(2) Contain a level of detail sufficient to allow the commission to assess and understand all costs involved with the proposed project or O&M distribution accounts; and

(3) Cover a period of no longer than one year.

(1) An individual form E-22E no fewer than 30 calendar days before starting actual construction or expenditure of funds; or

(2) A construction budget and an O&M budget no later than 60 calendar days following the end of its fiscal year.

(d) A utility may provide an additional copy of its filing and request that it be date-stamped and returned by the commission to confirm the filing.

(e) If a project highlighted in (b)(1) above is cancelled or postponed beyond the construction budget year, the utility shall immediately file Form E-22E at the time it becomes apparent that the project will be cancelled or postponed.

(f) Except for projects highlighted in accordance with (b)(1) above, if the cost of a project is anticipated to fall below $100,000 but later exceeds it, the utility shall immediately file Form E-22E at the time or phase of the project it becomes apparent the limit will be exceeded.

(g) If a change in any O&M distribution account exceeds the approved expenditure levels by more than $100,000, the utility shall immediately file Form E-22E at the time the change becomes apparent to the utility.

(h) If a project not included in an approved construction budget arises which will equal or exceed $100,000, the utility shall file Form E-22E.

(i) Investigation or comment on a construction budget, an O&M budget, or other Form E-22E content by the commission or failure of the staff to identify prudence review issues shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merits of any expenditure in a future rate case pursuant to the commission’s authority under RSA 378.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.07) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 305.02 E-25E Report of Proposed Changes in Depreciation Rates

(a) When it proposes any change in depreciation rates, a utility shall compete Form E-25E dated 10/2024 and available at the commission website at www.puc.nh.gov, and file an electronic copy with the commission and a paper and electronic copy with the department.

(b) A utility shall not implement any change in depreciation rates until the proposed change has been approved by the commission pursuant to a proceeding conducted according to Puc 200.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.08) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 305.03 Quarterly Financial Report, FERC Form 3-Q

(a) Each utility shall file with the commission, at the same time it files such report with the Federal Energy Regulatory Commission (FERC), one signed original and one electronic copy of its completed FERC Form 3-Q “Quarterly Financial Report of Electric Utilities, Licensees, and Natural Gas Companies” as described in 18 C.F.R. § 141.400.

(b) The quarterly report in (a) above shall be required for the calendar quarters ending March

31, June 30, and September 30 of each year.

required for the calendar quarter ended December 31 of each year as such report is supplanted by the annual report required pursuant to Puc305.04.

(d) Each utility shall, at the time it files the quarterly report required by (a) above, file a copy of the

quarterly report with the New Hampshire office of the consumer advocate.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.09) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 305.04 Annual Report, FERC Form No. 1

(a) Each utility shall file with the commission one signed original and one electronic copy of its completed FERC Form No. 1 “Annual Report of Major Electric Utilities, Licensees and Others,” as described in 18 C.F.R. §141.1, at the same time it files such report with the FERC.

(b) Each utility shall, at the time it files the annual report required by (a) above, file a copy of the annual report with the department and the New Hampshire office of the consumer advocate.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.10) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 305.05 F-1 Supplemental Quarterly Financial and Sales Information

(a) In addition to the reports required in Puc 305.03 and Puc 305.04, each utility shall, for each calendar quarter, simultaneously file the following supplemental information with the commission:

(1) Schedule 1 – “Calculation of Per Books Rate of Return”;

(2) Schedule 2 – “Current Cost of Capital”; and

(3) Schedule 3 – “Sales by Customer Class.”

(b) Schedule 1 – “Calculation of Per Books Rate of Return” shall include:

(1) The company name, and 12-month time frame ending date;

(2) Operating revenues for 12 months;

(3) Operating expenses for 12 months, including:

a. Production expenses;

b. Distribution expenses;

c. Transmission expenses;

d. Customer accounting;

e. General and administrative;

f. Depreciation;

g. Amortization;

h. Federal and state income taxes;

i. Property taxes; and

j. Other taxes; and

(4) Rate base components, computed using a 13-month or 5-quarter average, for:

a. Utility plant in service;

b. Accumulated depreciation;

c. Material and supplies;

d. Cash working capital requirement;

e. Prepayments;

f. Customer deposits;

g. Customer advances; and

h. Any other item properly includible in the utility’s rate base.

(c) Schedule 1 - “Calculation of Per Books Rate of Return” shall, in addition to having a company total column, have separate columns to report the amounts of each of the items in (b) above attributable to the distribution, transmission, and generation segments of the utility’s operations, respectively.

(d) Schedule 2 - “Current Cost of Capital” shall include weighted cost of capital components for:

(1) The company name, and 12-month time frame ending date;

(2) Common stock equity;

(3) Preferred stock;

(4) Long term debt; and

(5) Short term debt.

(e) In computing the weighted cost of capital in (d) above, the utility shall include the source of the information and calculations or an explanation supporting its determination of:

(1) The return on common equity;

(2) The cost of preferred stock;

(3) The embedded cost of long term debt, by issue; and

(4) The cost rate applicable to short term debt.

(f) The utility shall include supporting calculations and documentation for any of the items required by (b) through (e) above that are not directly traceable to the quarterly and annual reports required by Puc 305.03 and Puc 305.04.

(g) Schedule 3 - “Sales by Customer Class” shall include:

(1) The company name, and 12-month time frame ending date;

(2) A breakdown of total revenue, including revenue associated with distribution service, transmission service, stranded cost recovery, transition service, default service, and any other item which a utility bills that it classifies as revenue for financial reporting purposes, earned by class of customer, as follows:

a. Residential;

b. Small commercial and industrial;

c. Large commercial and industrial;

d. Public street and highway lighting;

e. Other sales to public authorities; and

f. Sales for resale;

(3) A breakdown of kilowatt-hours delivered by class of customer listed in (2) above;

(4) The average number of customers for each of the classes listed in (2) above for the current quarter and the same quarter of the prior year; and

(5) For (2)b. and (2)c. above, the definition used for customer classes and threshold demand.

(h) A utility shall provide figures on each of the items in (g)(2) and (g)(3) above for the following:

(1) Totals for the current quarter;

(2) Cumulative for the current year;

(3) Totals for the same quarter of the prior year; and

(4) Cumulative for the prior year.

(i) Each utility shall, at the time it files the supplemental quarterly information required by (a) above, file a copy of the supplemental quarterly report with the department and the New Hampshire office of the consumer advocate.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.11) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 305.06 F-4 Authority to Issue Securities

(a) When a utility seeks authority to issue securities, a utility shall complete a file Form F-4 dated 10/2024 and available at the commission’s website at www.puc.nh.gov, and file one signed original and one electronic copy with the commission.

(b) In addition to filing Form F-4 each utility shall file:

(1) An application for leave to issue securities pursuant to RSA 369:3 and Puc 200 including a statement in reasonable detail of the purpose of the security, any proposed additions, construction, or working capital requirements together with, if applicable, any proposed construction budget;

(2) Resolution of the petitioner’s stockholders, board of directors, partners, or other governing body of petitioner, as appropriate, authorizing the proposed financing;

(3) Copy of the private placement memorandum for long term financing including any letter of commitment from a lender stating details of financing;

(4) Copy of the proposed promissory note and mortgage;

(5) Copy of terms of new common or preferred stock;

(6) An original and 5 copies of the petition and exhibits; and

(7) The full name, title, and signature of the utility employee who supervised the preparation of the report.

(c) By signing and submitting Form F-4 petition, the persons submitting the form shall agree to comply with the certification requirement as set forth in (d) below.

(d) In addition to Form F-4, each utility shall provide in connection with a petition for authority to issue securities a signed certification which shall provide as follows:

“The petitioner utility company believes and, therefore, alleges that the securities to be issued will be consistent with the public good and that it is entitled to issue said securities under RSA 369 for the purposes set forth in its petition.”

(e) Each utility shall, at the time it files a Form F-4 and the information required by (b) above, file copies with the department and the New Hampshire office of the consumer advocate.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97; ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.12) (see Revision Note at chapter heading for Puc 300)

Part Puc 306 Rules Relative to Utility Advertising

N.H. Code Admin. R. Ann. Puc 306.01 Definitions

(a) “Advertising” means the use by a utility of any media in order to transmit a message to the general public, or to such utility's consumers.

(b) “Controversial issue of public importance” means a case or controversy in which a utility is involved before a court, legislative body, or government agency, including the commission.

(c) “Electric Utility Integrated Distribution Planning” means, in the case of an electric utility, those standards set forth in RSA 378:38.

(d) “Institutional activity” means any act or practice conducted for the purpose of promoting the corporate image or goodwill of a particular utility or the utility industry in general.

(e) “Institutional advertising” means any advertising conducted for the purpose of promoting the corporate image or goodwill of a particular utility or the utility industry in general.

(f) “Political activity” means any act or practice conducted for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters or with respect to any controversial issue of public importance.

(g) “Political advertising” means any advertising conducted for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

(h) “Promotional activity” means any act or practice conducted for the purpose of encouraging any person to select or use a service or increase usage of the service of a utility, to select, purchase, install, or use any appliance or equipment designed to use such utility’s service, or to use any other particular service of the utility.

(i) “Promotional advertising” means any advertising conducted for the purpose of encouraging any person to select or use a service or increase usage of the service of a utility, to select, purchase, install, or use any appliance or equipment designed to use such utility's service or to use any other particular service of the utility.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97
#6605, eff 10-21-97 (formerly Puc 311); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.01) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 306.02 Recovery of Certain Expenses Prohibited

No utility shall recover, in any manner, from any person other than the shareholders or other owners of such utility any direct or indirect expenditure by such utility for promotional, political or institutional advertising, or promotional, political, or institutional activities except as provided for in Puc306.03.

History

#6605, eff 10-21-97 (formerly Puc 311); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.02) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 306.03 Expenditures Subject to Recovery by A Utility

For the purpose of this part, the terms “political advertising”, “promotional advertising”, “institutional advertising”, “political activity”, “promotional activity”, and “institutional activity” shall not include advertising or activities which:

(a) Inform electric consumers of or provide electric consumers with information or materials intended to result in energy conservation;

(b) Are required by law, federal regulation, or state rule, including advertising required under part 1 of Title II of the National Energy Conservation Policy Act;

(d) Involve or relate to service interruptions, safety measures, or emergency conditions;

(e) Concern employment opportunities with such utility;

(f) Provide any explanation of existing or proposed rate schedules or notifications of hearings thereon;

(g) Are consistent with the utility's approved least cost integrated resource plan; or

(h) Inform customers of the availability and sources of financial assistance.

History

#6605, eff 10-21-97 (formerly Puc 311); ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.03) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 306.04 Prudence Review of Expenses

This part shall not restrict or limit the commission’s power to disallow any expense as a charge to ratepayers which the commission finds to be unjust, unreasonable, excessive, unwarranted, or imprudent pursuant to RSA 378: 5 and RSA 378:7.

History

#6605, eff 10-21-97 (formerly Puc 311); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.04) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 306.05 Reports Required

Each utility shall keep copies of all its advertising on file for inspection by the commission and the department.

History

#6605, eff 10-21-97 (formerly Puc 311); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.05) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 306.06 Accounting

(a) If a utility combines an expense prohibited from recovery with an expense eligible for recovery, and ancillary costs are associated with the combined expense, the utility shall allocate a portion of the ancillary cost to the expense prohibited from recovery and shall be prohibited from recovering costs ancillary to the prohibited expense.

(b) Each utility shall keep a record with respect to any advertising or activity, incurred directly or indirectly, prohibited from recovery pursuant to Puc306.02, of:

(1) Any expenditure incurred; and

(2) Any allocation methodology.

History

#6605, eff 10-21-97 (formerly Puc 311); ss by #8448, eff 10-18-05; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 310.06) (see Revision Note at chapter heading for Puc 300)

Part Puc 307 Transfer of Service by Utility of Customers Returning to Utility Energy Supply

N.H. Code Admin. R. Ann. Puc 307.01 Requirements

(a) Utilities shall submit a change on behalf of a customer from the customer's selection of a CEPS to the utility’s default energy service upon the request of a customer or indirectly by a competitive energy supplier on behalf of the customer.

(b) A customer may request the change of supply service described in (a) above verbally or in writing.

(c) Each utility shall maintain records of verification of customer authorization for a minimum period of 2 years after obtaining the verification.

(d) All requests to change supply service to the utility’s default energy service shall be initiated by the customer.

(e) Verification of verbal authorization shall be documented via the utility recording of the conversation between the call center representative and the customer.

(f) Verification of written authorization shall be documented by a letter, e-mail, or other form of written communication from the customer to the utility.

(g) A utility shall provide the commission with proof of valid customer authorization whenever requested by the commission in connection with the investigation of a customer complaint.

(h) A utility who fails to obtain customer authorization in accordance with this section and initiates a customer change in service to the utility shall:

(1) Be liable for all charges billed to the customer as a result of the change in service;

(2) Be liable for all charges for electricity it billed to the customer; and

(3) Be subject to the penalty and other enforcement provisions pursuant to RSA 374:28-a.

History

#10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 311.01) (see Revision Note at chapter heading for Puc 300)

N.H. Code Admin. R. Ann. Puc 307.02 Obligations

When a utility is notified by ISO-NE that it must assume the load obligation of a CEPS, customer authorization to transfer service pursuant to Puc 307.01 shall not be required.

APPENDIX

Rule

Statute

Puc 301.01 and Puc 301.02

RSA 365:8, I(g); RSA 362:2; RSA 362:4-c

Puc 302.01-Puc 302.08

RSA 365:8, I(g)

Puc 303.01

RSA 374:15; RSA 378:1

Puc 303.02

RSA 365:8, I(g); RSA 374:1; RSA 374-F:3, I

Puc 304.01-Puc 304.05

RSA 365:8, I(g); RSA 374:8,13

Puc 305.01-Puc 305.06

RSA 365:8, I(g); RSA 374:5

Puc 306.01-Puc 306.06

RSA 365:8, I(g)

Puc 307.01 and Puc 307.02

RSA 365:8, I(g); RSA 374:28-a

History

#10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 311.02) (see Revision Note at chapter heading for Puc 300)

Chapter Puc 400 Rules for Telephone Utilities

Part Puc 401 Purpose and Application

N.H. Code Admin. R. Ann. Puc 401.01 Purpose

The purpose of this chapter is to prescribe rules and to establish standard procedures, general business rules, and guidelines for telephone utilities in order to enable providers to comply with relevant statutes and commission orders and to provide an opportunity for telecommunications carriers, as defined under federal law, to register in New Hampshire to obtain evidence of their rights and obligations under the Communications Act of 1934, as amended.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 401.02 Application

(a) Parts Puc 401 through Puc 406 of this chapter shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996. Parts Puc 407 through Puc 408 of this chapter shall apply to all incumbent local exchange carrier’s not operating as excepted local exchange carrier’s except to the extent preempted by the Telecommunications Act of 1996. Part Puc 413 of this chapter shall apply to telecommunications carriers as defined under the Communications Act of 1934, as amended.

(b) These rules shall not apply to Voice over Internet Protocol (VoIP) and Internet Protocol (IP) enabled services pursuant to RSA 362:7, II or to cellular mobile radio communications pursuant to RSA 362:6.

(c) In addition, the following commission rules shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996:

(1) Puc 102, relative to definition of terms;

(2) Puc 200, procedural rules;

(3) Puc 1300, utility pole attachments; and

(4) Puc 1600, tariffs.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

Part Puc 402 Definitions

N.H. Code Admin. R. Ann. Puc 402.01 Accident notification roster

"Accident notification roster" means the ordered list of commission staff members to be contacted about reportable accidents which is available on the commission website.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.02 Basic service

"Basic service" means “basic service” as defined in RSA 374:22-p, I(b), namely:

“(1) Safe and reliable single-party, single-line voice service;

(2) The ability to receive all non-collect calls, at telephone lines capable of receiving calls, without additional charge;

(3) The ability to complete calls to any other telephone line, which is capable of receiving calls, in the state;

(4) The opportunity to presubscribe to interLATA toll carriers;

(5) The opportunity to presubscribe to intraLATA toll carriers;

(6) Dialing parity;

(7) Number portability;

(8) Enhanced 911, pursuant to the requirements of the department of safety bureau of emergency communications or its successor agency;

(9) Access to statewide directory assistance;

(10) Telecommunications relay service (TRS);

(11) A published directory listing, at the customer's election;

(12) A caller identification blocking option, on a per-call basis;

(13) A caller identification line blocking option that is available to all customers without a recurring charge and is provided upon customer request without charge to customers who have elected non-published telephone numbers and is available without a non-recurring charge to customers who certify that Caller ID threatens their health or safety andis available without a non-recurring charge when requested with installation of basic service;

(14) A blocking option for pay-per-call calls, such as blocking all 900 or all 976 calls;

(15) The ability to report service problems to the customer's basic service provider on a 24-hour basis, 7 days a week; and

(16) Automatic Number Identification (ANI) to other carriers which accurately identifies the telephone number of the calling party.”

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.03 Commission

"Commission" means the New Hampshire public utilities commission.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.04 Competitive Local Exchange Carrier (CLEC)

"Competitive Local Exchange Carrier (CLEC)" means a carrier, and its successors and assigns, authorized by the commission after July 23, 1995 to provide telephone service for the public in a particular area within New Hampshire.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.05 Competitive Toll Provider (CTP)

"Competitive Toll Provider (CTP)" means any carrier authorized to provide intraLATA toll service, except for an ILEC that provides toll service exclusively to its local service customers in New Hampshire.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.06 Contact information

"Contact information" means:

(a) Name;

(b) Title;

(d) Telephone number; and

(e) Email address.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.07 Cyber attack

"Cyber attack" means a deliberate, unauthorized exploitation of computer systems, technology-dependent enterprises and networks.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.08 Department

"Department" means the New Hampshire department of energy.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.09 Dial tone

"Dial tone" means an aural tone that indicates to the telephone end-user that the handset is able to place a call.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 402.08)

N.H. Code Admin. R. Ann. Puc 402.10 Excepted local exchange carrier (ELEC)

"Excepted local exchange carrier (ELEC)" means:

(a) An incumbent local exchange carrier providing telephone services to 25,000 or more lines;

(b) An incumbent local exchange carrier providing service to less than 25,000 lines that elects to be excepted, upon the filing with the commission of a written notice advising of said election; or

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 402.09)

N.H. Code Admin. R. Ann. Puc 402.11 Incumbent local exchange carrier (ILEC)

"Incumbent local exchange carrier (ILEC)" means an entity, and its successors and assigns, authorized under law or by the commission before July 23, 1995, to provide telephone exchange service.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 402.10)

N.H. Code Admin. R. Ann. Puc 402.12 Incumbent local exchange carrier operating as an excepted local exchange carrier (ILEC–ELEC)

"Incumbent local exchange carrier operating as an excepted local exchange carrier (ILEC–ELEC)" means an ILEC which also meets the definition of an ELEC.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.13 Payphone

"Payphone" means any telephone made available to the public on a fee-per-call basis, independent of any other commercial transaction, for the purpose of making telephone calls, whether the telephone is activated by depositing coins, by calling collect, or by using a credit card.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.14 Payphone service provider (PSP)

"Payphone service provider (PSP)" means a person or entity that offers telephone service on a fee per call basis with payment due at the time of the call, and that has been issued a certificate of registration by the commission to provide payphone service.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.15 Reportable accident

"Reportable accident" means an accident occurring in New Hampshire in connection with the utility's property or facilities in which:

(a) A fatality has occurred;

(b) A serious injury has occurred;

(d) An electrical contact has occurred;

(e) A state highway has been closed; or

(f) Consequences of a magnitude or severity comparable to those described in (a) through (e) above are involved.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.16 Rural telephone company (RTC)

"Rural telephone company (RTC)" means an ILEC meeting the definition of rural telephone company under 47 U.S.C. § 153(44).

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.17 Secretary of state certificate of authority

"Secretary of state certificate of authority" means the certificate of legal existence, certificate of authority, or other certification issued by the New Hampshire secretary of state which authorizes an entity to transact business in the state.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.18 Significant facility disruption

"Significant facility disruption" means an outage of facilities owned, operated, leased, or otherwise utilized by a telephone utility that is at least 30 minutes in duration and that:

(a) Potentially affects at least 900,000 user minutes;

(b) Affects at least 1,350 DS3 minutes;

(d) Potentially affects a 911 special facility as defined in 47 C.F.R.§ 4.5(e).

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.19 Telecommunications relay service (TRS)

"Telecommunications relay service (TRS)" means a service that enables telephone communication between hearing people and people who are deaf, hard of hearing or speech impaired.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.20 Telephone utility

"Telephone utility" means a corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone messages for the public, including incumbent local exchange carriers, and excepted local exchange carriers.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.21 Transfer of customer base

"Transfer of customer base" means the acquisition through a sale or transfer of all or a part of the customer base of another carrier.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.22 Utility filing information

"Utility filing information" means:

(a) The utility's legal name;

(b) The utility's telephone utility identification number, if one has been provided;

(d) The utility's complete mailing address;

(e) The utility's telephone number;

(f) The utility's email address;

(g) The utility's website address;

(h) The utility's federal employer identification number (FEIN);

(i) The printed name and title of the authorized representative signing the form; and

(j) The current date.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 402.23 Voice service

"Voice service" means the conveyance of telephone messages for the public.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

Part Puc 403 Telephone Utility Requirements

N.H. Code Admin. R. Ann. Puc 403.01 Purpose

The purpose of this part is to establish requirements for all telephone utilities.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 403.02 � Rules for Telephone Utilities

Application. ILECs and ELECs shall comply with En 403 through En 410.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

Part Puc 404 Telephone Utility Regulatory Requirements

N.H. Code Admin. R. Ann. Puc 404.01 Tariff for Wholesale Services

(a) Telephone utilities that offer wholesale services to other carriers shall maintain a complete tariff of such services with the commission pursuant to Puc 1600 for:

(1) Services required by 47 U.S.C. § 251 (c);

(2) Services referred to as tariffed in interconnection agreements filed pursuant to 47 U.S.C. § 252; and

(3) Intrastate access service.

(b) When a telephone utility's intrastate access tariff is the same as its interstate access tariff the interstate tariff may be filed pursuant to Puc 1600 as the intrastate tariff.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 404.05)

N.H. Code Admin. R. Ann. Puc 404.02 TRS

(a) ELECs and ILECs shall provide, directly or indirectly, telecommunications relay services pursuant to 47 C.F.R. § 64.603.

(b) ELECs providing local service and ILECs shall remit the required TRS charges per customer ordered by the commission, on or before the 20th day of each month, to the TRS trustee account designated by the commission.

(c) ELECs and ILECs shall provide the New Hampshire relay provider with all information necessary to ensure local calls placed through the TRS are not billed as toll calls and that toll calls placed through the TRS are not treated as local calls.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 404.09)

N.H. Code Admin. R. Ann. Puc 404.03 E911

(a) ELECs providing local service and ILECs shall make available the universal emergency telephone number 911 pursuant to the requirements of the department of safety bureau of emergency communications or its successor agency.

(b) ELECs providing local service and ILECs shall collect the E911 surcharge required by RSA 106-H:9 in the amount ordered by the commission.

Department of Safety Bureau of Emergency Communications

33 Hazen Drive

Concord, New Hampshire, 03305.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 404.10)

Part Puc 405 Consumer Protection

N.H. Code Admin. R. Ann. Puc 405.01 Slamming Prohibited

(a) ELECs and ILECs shall comply with RSA 374:28-a and Federal Communication Commission (FCC) slamming regulations, 47 C.F.R. § 64.1100-1170 and 1190.

(b) If, after notice and opportunity for hearing, the commission finds that an ELEC or ILEC has switched a customer's selection of carrier without authorization, the ELEC or ILEC shall be subject to an administrative fine, not to exceed $2,000 per offense, pursuant to RSA 374:28-a, II.

(c) After notice and opportunity for hearing, the commission shall withdraw any authorization granted to an ELEC or ILEC found to have engaged in flagrant and repeated slamming in violation of RSA 374:28-a.

(d) A transfer of customer base pursuant to Puc 405.03 shall not constitute slamming.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 405.02)

N.H. Code Admin. R. Ann. Puc 405.02 Cramming Prohibited

(a) For purposes of this section:

(1) "Cramming" means a submission or inclusion of unauthorized, misleading, or deceptive charges for products or services on a customer's utility bill. Cramming does not include charges required or explicitly authorized by law;

(2) "Billing aggregator" means a person, other than a service provider, who forwards a charge for a product or service offered by a service provider to the utility company for billing to the customer; and

(3) "Service provider" means a person that offers a product or service to a customer and directly or indirectly sends the billable charges or credits to the utility company for billing to the customer.

(b) Telephone utilities shall not disconnect voice service based on a customer's failure to pay disputed charges from billing aggregators or service providers.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 405.04)

Part Puc 406 Elec Intercarrier Obligations

N.H. Code Admin. R. Ann. Puc 406.01 Carrier to Carrier Migrations

In addition to complying with En 407.05, ELECs shall comply with the following:

(a) ELECs shall accept and respond to requests for customer information, service and feature information, and migration and installation orders without regard to whether the service is being resold or migrated.

(b) When migrating end users, ELECs shall work together in good faith with other carriers to minimize or avoid any problems, including, but not limited to, service interruptions and billing problems.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 407.05)

Part Puc 407 Elec and Ilec Common Forms

N.H. Code Admin. R. Ann. Puc 407.01 Form T-4 Transfer of Customer Base Report

In connection with any transfer of customer base in which the acquiring carrier is a telephone utility, the acquiring carrier shall file a copy with the commission and the department the "Transfer of Customer Base Report" form pursuant to En 404.10. The “Transfer of Customer Base Report” shall include:

(a) Utility filing information for the selling or transferring company;

(b) Utility filing information for the acquiring company;

(d) The effective date of the transfer; and

(e) An attached the department’s form En Form T-1 “Contact and Trade Name Information”, for the acquiring company, if the acquiring company is a telephone utility, as specified in En 408.02.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24 (formerly Puc 409.04)

Part Puc 408 ADDITIONAL REQUIREMENTS APPLICABLE TO ILECS OPERATING AS ELECS (ILEC-ELECs)

N.H. Code Admin. R. Ann. Puc 408.01 Purpose

The purpose of this part is to establish additional requirements for all incumbent local exchange carriers operating as an excepted local exchange carrier (ILEC-ELEC).

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 408.02 Application

ILEC-ELECs shall comply with Puc 408.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 408.03 Basic Service

(a) An ILEC–ELEC shall change its rates for basic service only through the following process:

(1) After August 10, 2020, the ILEC–ELEC may increase its rates to any level without commission review or approval; and

(2) Without commission review or approval, the ILEC–ELEC shall limit increases to its rates for basic service subject to the following cap in each 12-month period beginning August 10, 2012 or the effective date of an existing alternative plan of regulation approved by the commission, pursuant to RSA 374:22-p, VIII (b):

a. For customers who are enrolled in the Lifeline Telephone Assistance program, the cap is 5%; and

b. For all other customers, the cap is 10%.

(b) Any ILEC proposing to change its basic service coverage area shall comply with the following provisions:

(1) An ILEC which seeks to change geographic boundaries or other policies that would change the geographic area which can be reached using a local call, shall petition the commission for review and approval of the change; and

(2) Such petition may include a proposed rate adjustment to reflect the change in coverage.

(c) The commission shall approve the proposal described in the petition filed pursuant to (b) if the proposed change results in service comparable to or superior to the basic service offered on August 10, 2012.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 408.04 Interconnection Requirements

ILECs that are not exempt pursuant to 47 U.S.C. § 251(f) shall:

(a) Maintain a tariff for the following:

(1) Interconnection services;

(2) Unbundled network elements;

(3) Collocation; and

(4) Resale;

(b) Identify services available for resale in such tariff;

(c) Provide non-discriminatory interconnection at technically feasible points within the ILEC's network, including, at a minimum:

(1) The line-side of a local switch;

(2) The trunk-side of a local switch;

(3) The trunk interconnection points for a tandem switch;

(4) Central office cross-connect points;

(5) Out-of-band-signaling transfer points necessary to exchange traffic at these points and access call-related databases; and

(6) Points of access to unbundled network elements;

(d) Not require collocation to achieve interconnection;

(e) Provide interconnection that has a level of quality that is equal to that which the ILEC provides itself;

(f) Provide interconnection on terms and conditions that are nondiscriminatory and no less favorable than the terms and conditions the ILEC provides to itself;

(g) Provide citations to necessary technical references to carriers who interconnect or seek to interconnect;

(h) Not charge a carrier for the cost and timely correction of violations of the National Electrical Safety Code that are not the direct result of a carrier's request to access poles, ducts, conduits, or rights of way; and

(i) When reaching an agreement for interconnection services, or network elements pursuant to the Telecommunications Act of 1996, file the agreement with the commission within 30 days of execution.

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 408.05 Denial of Interconnection Requests

(a) A carrier may submit a request for interconnection at a technically feasible point not listed in Puc 408.04 (c).

(b) A carrier whose request for interconnection at a point not listed in Puc 408.04 (c) is denied by an ILEC shall be permitted to petition the commission for a hearing as to whether the denial should be reversed.

(c) The commission shall reverse an ILEC's denial of a carrier's request for interconnection at a point not listed in Puc 408.04 (c) unless the ILEC proves that interconnection at that point is not technically feasible.

(d) The commission’s review of whether an interconnection at a point not listed in Puc 408.04 (c) is technically feasible shall include a review of previous successful interconnection at the particular point using particular facilities, or at substantially similar points in networks employing substantially similar facilities, and shall constitute substantial evidence of technical feasibility for interconnection at a particular point.

APPENDIX

Rule

Specific State Statute the Rule Implements

Puc 401.01

RSA 365:8; RSA 374:3

Puc 401.02

RSA 365:8; RSA 374:3

Puc 402.01

RSA 365:8; RSA 374:1; RSA 374:3

Puc 402.02

RSA 365:8; RSA 374:22-p

Puc 402.03

RSA 365:8; RSA 374:3

Puc 402.04

RSA 365:8; RSA 374:3

Puc 402.05

RSA 365:8; RSA 374:3

Puc 402.06

RSA 365:8; RSA 374:3

Puc 402.07

RSA 365:8; RSA 374:1; RSA 374:3

Puc 402.08

RSA 12-P:5, IV; RSA 374:3

Puc 402.09

RSA 365:8; RSA 374:3

Puc 402.10

RSA 365:8; RSA 362:7

Puc 402.11

RSA 362:7(b); RSA 362:8, I; RSA 365:8; RSA 374:3; 378:18-b;

47 USC 251(h)

Puc 402.12

RSA 362:7(b); RSA 362:7(c); RSA 365:8; 47 USC 251(h)

Puc 402.13

RSA 365:8; 47 CFR 64.1330(b)

Puc 402.14

RSA 362:2; RSA 365:8; 47 CFR 64.1330(b)

Puc 402.15

RSA 365:8; RSA 374:1; RSA 374:3

Puc 402.16

RSA 374:22-g; 47 USC 153(44)

Puc 402.17

RSA 365:8; RSA 374:3

Puc 402.18

RSA 365:8; RSA 374:1; RSA 374:3

Puc 402.19

RSA 362:8, I; RSA 365:8; 47 USC 225(b)

Puc 402.20

RSA 362:2; RSA 362:7; RSA 365:8

Puc 402.21

RSA 365:8; RSA 374:1-a; 374:28-a

Puc 402.22

RSA 365:8; RSA 374:3

Puc 402.23

RSA 362:2; RSA 362:7; RSA 365:8

Puc 403.01

RSA 362:2; RSA 362:7; RSA 365:8; RSA 374:1; RSA 374:3

Puc 403.02

RSA 362:2; RSA 362:7; RSA 365:8; RSA 374:1; RSA 374:3

Puc 404.01

RSA 362:2; RSA 362:7; RSA 365:8; RSA 378:1; RSA 378:3

Puc 404.02

RSA 362:8, I; RSA 365:8; 47 CFR 64.603

Puc 404.03

RSA 362:8, I; RSA 365:8; RSA 106-H:9

Puc 405.01

RSA 362:8, I; RSA 365:8, VII & XII; RSA 374:1-a; 374:28-a

Puc 405.02

RSA 365:8; RSA 378:1-a; RSA 378:44-48

Puc 406.01

RSA 362:8, I; RSA 365:8, VII & X0II; 47 USC 251(a)

Puc 407.01

RSA 365:8, RSA 374:28-a; RSA 641.3

Puc 408.01

RSA 362:2; RSA 362:7; RSA 365:8; RSA 374:1; RSA 374:3

Puc 408.02

RSA 362:2; RSA 362:7; RSA 365:8; RSA 374:1; RSA 374:3

Puc 408.03

RSA 362:8, IV; RSA 365:8; RSA 374:22-p

Puc 408.04

RSA 362:7, III(c); RSA 362:8, I; RSA 365:8;

47 USC 251(b) & (c)

Puc 408.05

RSA 362:7, III(c); RSA 362:8, I; RSA 365:8;

47 USC 251(b) & (c)

History

(See Revision Note # 1, Revision Note #2, and Revision Note #3 at chapter heading for Puc 400) #14029, eff 7-25-24

Chapter Puc 500 Rules for Gas Service

Part Puc 501 Application of Rules

N.H. Code Admin. R. Ann. Puc 501.01 Purpose

The purpose of these rules is to implement the Commission’s responsibility pursuant to the Natural Gas Act, 15 USC § 717 (c), the Natural Gas Pipeline Safety Act, 49 USC § 60105, and New Hampshire law regulating gas utilities and gas utility service.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 501.02 Application of Rules

(a) Puc 503 through Puc 509 shall apply to all utilities, with the exception of liquified petroleum gas (LPG) operators and landfill gas operators, engaged in the business of manufacturing, distributing, selling, transmitting or transporting gas in the state of New Hampshire.

(b) Puc 510 shall apply only to LPG operators and landfill gas operators as defined in Puc 502.07 and Puc 502.09.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 502 Definitions

N.H. Code Admin. R. Ann. Puc 502.01 Commission

"Commission" means the New Hampshire public utilities commission.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.02 Department

“Department” means the New Hampshire department of energy.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.03 Gas

"Gas" means any manufactured or natural gas or any combination thereof.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.04 Jurisdictional LPG system

“Jurisdictional LPG system" means:

(1) A system involving a single source which serves 10 or more customers; or

(2) A system where more than one customer is located in a public place.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.05 Landfill

“Landfill” means a facility which collects and disposes of waste by landfilling methods. The term includes facilities that collect and store waste indefinitely. The term does not include incinerators, land application sites, surface impoundments and injection wells.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.06 Landfill gas

“Landfill gas” means any flammable consisting primarily of methane and carbon dioxide and produced by aerobic and anaerobic decomposition of organic solid waste in a landfill.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.07 Landfill gas operator

"Landfill gas operator" means a person who engages in the transportation of landfill gas off site from the premises in which it was gathered except where the landfill gas is transferred in a pipeline that operates at less than atmospheric pressure from the premises where it was gathered to the premises where it is used and where both premises are controlled by the same entity.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.08 LPG operator

"LPG operator" means a person who engages in the transportation of propane gas. An LPG operator includes but is not limited to an individual or supplier operating a jurisdictional LPG system in a housing project, apartment complex, condominium, manufactured home park, shopping center or other system except those systems operated in support of a utility.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.09 Master meter system

"Master meter system" means any underground gas pipeline system operated by a residential or commercial customer of a New Hampshire gas utility and utilized for the distribution of gas to ultimate consumers within, but not limited to, a definable area, such as a manufactured housing park, a housing project or an apartment complex, where the operator purchases metered gas from a public utility for resale through the operator's distribution system, which is beyond the control of the utility, and where the ultimate consumers served by the operator's distribution system purchase the gas directly through a meter or by other means, such as through rents.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.10 Meter

"Meter" means a device which measures gas flow and which may include a gas diaphragm type, a rotary positive displacement type, an inferential turbine type or an ultrasonic type.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.11 Person

"Person" means an individual, firm, joint venture, partnership, corporation, association, state, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof but shall not include a municipality operating a gas system pursuant to RSA 38.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.12 Public place

"Public place" means a place which is generally open to all persons in a community, such as churches, schools, and commercial buildings, as well as any publicly owned rights-of-way or property.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 502.13 Utility

"Utility" means any "public utility" as defined in RSA 362:2 engaged in the manufacture, distribution, sale, transmission or transportation of gas in the state, as limited in RSA 362:4-b with respect to liquefied petroleum gas.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 503 Service Provisions

N.H. Code Admin. R. Ann. Puc 503.01 Filing of Tariffs

No utility shall render service until a complete tariff, containing terms and conditions and rate schedules, shall have been published and filed with the commission in accordance with Puc 1600.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 504 Quality of Gas Service

N.H. Code Admin. R. Ann. Puc 504.01 Heating Value Requirements

(a) The standard heating value for the gas a utility furnishes the public established pursuant to En 504.01(a) shall be stated in its tariff.

(b) Each utility shall provide a definition in its tariff of the methodology used to determine the thermal heating value.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 505 Meter Installation

N.H. Code Admin. R. Ann. Puc 505.01 Meter Installations

(a) No gas utility in this state shall provide gas service to any master meter system constructed after July 1, 2013, without written approval from the commission. The commission shall approve such service only if the associated rates and charges for such service are found to be just and reasonable pursuant to RSA 378.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 506 Records and Accounting Requirements

N.H. Code Admin. R. Ann. Puc 506.01 Records in General

All records shall be organized, arranged, or prepared to ensure that sufficient data is available to determine the status of compliance with these rules.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 506.02 Preservation of Records

(a) Each utility shall preserve all records pursuant to the requirements set forth in the “Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act,” as referred to in Puc 506.04 and prescribed by the commission pursuant to RSA 374:8, except as provided in (b) and (c) below.

(b) Where the “Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act” does not specify a requirement for preservation of a record required to be kept pursuant to Puc 500, the utility shall preserve such records for a period of not less than 2 years, except as provided in (c).

(c) If any section of this chapter requires a utility to preserve any such record for more than 2 years, utilities shall comply with the longer-term requirement.

(d) A utility shall:

(1) Keep or make available within New Hampshire at the office or offices of the utility any records required under this rule; and

(2) Provide access to such records to the commission or its representative during normal business hours for examination.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 506.03 Reports to Commission

(a) The utility shall furnish to the commission the results of any required tests and summaries of any required records pursuant to RSA 374:15.

(b) The utility shall also furnish the commission with any information concerning the utility's facilities or operations relating to determining rates or judging the practices of the utility pursuant to RSA 378:1.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 506.04 Uniform System of Accounts

Pursuant to RSA 374:8 and RSA 541-A:21, I(q), each utility shall maintain its accounts in conformity with the “Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act” promulgated by the United States Federal Energy Regulatory Commission at 18 C.F.R. Part 201.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 506.05 Short Term Debt

No utility shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof without approval by the commission for a waiver pursuant to Puc 203.01 and Puc 203.06 if such short term debt exceeds 10 percent of the utility’s net fixed plant.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

Part Puc 507 Forms Required to Be Filed

N.H. Code Admin. R. Ann. Puc 507.01 F-3 Statement of Pro Forma Income Statement at Present and Proposed Rates for Year

Ended.

(a) Each utility which requests a rate increase shall file Form F-3, available at www.puc.nh.gov, with the commission and the department.

(b) The utility shall include on the form the name of the utility filing the report.

(1) Actual year ended and preceding 2 years;

(2) Adjustments and pro forma at present rates;

(3) Adjustments and pro forma at proposed rates with additional requirements; and

(4) Total requirements.

(d) Utilities shall include on Form F-3 a calculation of rate base and calculation of rate of return.

(e) Each utility requesting a rate increase shall also comply with the requirements of Puc 1600, tariffs and special contracts.

(f) Form F-3 shall be submitted with the signature, full name, and title of the utility employee who supervised the preparation of the report, and date of signature.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 507.02 F-4 Petition For Authority To Issue Securities

(a) Each utility shall file with the commission and the department a completed Form F-4, available at www.puc.nh.gov, when it seeks authority to issue securities.

(b) Each utility shall include with its completed Form F-4 a petition to issue securities pursuant to RSA 369:3 and Puc 203.07(a)(1) that includes the following:

(1) A statement in reasonable detail of any proposed additions, construction, or working capital requirements together with any proposed construction budget, including:

a. Description of authorized and outstanding long term debt and capital stock;

b. Description of new securities;

c. Description of what the proceeds will be used for;

d. List of exhibits attached;

e. Certification statement as contained in (d) below; and

f. Petitioner's prayer asking for the relief requested;

(2) Estimated cost of financing including, for example, legal costs, printing, documentary tax, trustee services, and financial services;

(3) Current balance sheet adjusted for financing with journal entries and explanations for actual, adjustments, and as adjusted;

(4) Current income statement adjusted for financing including new interest, depreciation, and taxes with entries for actual, adjustments, and as adjusted;

(5) Statement of capitalization ratios after giving effect to the proposed financing with entries for actual, adjustments, and as adjusted;

(6) Copy of the purchase and sale agreement for long term financing including any letter of commitment from a lender stating details of financing;

(7) Copy of the mortgage indenture;

(8) Copy of terms of new common or preferred stock; and

(9) Resolution of petitioner's stockholders, board of directors, or other governing body of petitioner, as appropriate, authorizing the proposed financing.

(d) Each utility shall provide in connection with a petition for authority to issue securities a certification which provides:

"The petitioner utility company believes and, therefore, alleges that the securities to be issued will be consistent with the public good and that it is entitled to issue said securities under RSA 369 for the purposes set forth in its petition."

(e) Pursuant to Puc 203.04, no paper filings shall be required if the petition and exhibits are filed electronically.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 507.03 E-22 Report of Proposed Expenditures for Additions, Extensions and Capital

Improvements to Fixed Capital.

(a) Each utility shall file with the commission and the department an annual report of proposed expenditures for addition, extensions, and capital improvements to fixed capital on or before May 15 of each year.

(b) The report shall include the name of the utility filing the report.

(c) With respect to any proposed main or service capital addition, extension, or improvement, utilities shall report on Form E-22 the following:

(1) A description of size, length, and material of the main or service;

(2) The location of the proposed capital addition, extension, or improvement;

(3) The total estimated cost of the proposed capital addition, extension, or improvement by work category; and

(4) The signature, full name, and title of the utility employee who supervised the preparation of the report, and date of signature.

(d) Investigation of or comment on a construction budget or Form E-22 by the commission or failure to identify prudence review issues as described in paragraph (e) below, shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merit of any expenditure in a future rate case.

(e) The commission shall notify a utility when it identifies prudence review issues, which it would raise as part of a rate case, in connection with notice of a proposed expenditure under this section.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 507.04 E-25 Report of Proposed Changes in Depreciation Rates

(a) Each utility shall file Form E-25 with the commission and the department when it proposes any change in depreciation rates.

(b) A utility shall include on Form E-25:

(1) The name of the utility filing the report;

(2) The date;

(3) The account number and title;

(4) The estimated whole life, reported as the number of years from initial installation to final retirement, both present and proposed;

(5) The net salvage, both present and proposed, by percentage;

(6) The depreciation rate, both present and proposed, by percentage;

(7) The net annual change in dollars;

(8) The theoretical reserve calculated as the difference between the calculated accumulated depreciation determined using the proposed depreciation rates and the accumulated depreciation;

(9) The proposed amortization of the theoretical reserve;

(10) The reasons for changes in depreciation rates and length of the proposed amortization of the theoretical reserve; and

(11) The signature, full name, and title of the utility employee who supervised the preparation of the report, and date of signature.

(c) A utility shall not implement any change in depreciation rates until the proposed change has been approved by the commission.

History

#13794, eff 10-25-23; ss by #14462, eff 1-2-26, EXPIRES 1-2-36

Part Puc 508 Utility Advertising

N.H. Code Admin. R. Ann. Puc 508.01 Definitions

(a) "Advertising" means the use by a utility of any media in order to transmit a message to the general public, or to such utility's consumers.

(b) "Controversial issue of public importance" means a case or controversy in which a utility is involved before a court, legislative body, or government agency, including the department or the commission.

(c) "Institutional activity" means any act or practice conducted for the purpose of promoting the corporate image or goodwill of a particular utility or the utility industry in general.

(d) "Institutional advertising" means any advertising conducted for the purpose of promoting the corporate image or goodwill of a particular utility or the utility industry in general.

(e) "Integrated resource plan (IRP)" means, in the case of a utility, planning by the use of any standard, regulation, practice or policy to undertake a systematic comparison between demand-side management measures and the supply of gas by a utility to minimize life-cycle costs of adequate and reliable utility services to gas customers.

(f) "Political activity" means any act or practice conducted for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters or with respect to any controversial issue of public importance.

(g) "Political advertising" means any advertising conducted for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

(h) "Promotional activity" means any act or practice conducted for the purpose of encouraging any person to select or use a service or increase usage of the service of a utility, to select, purchase, install, or use any appliance or equipment designed to use such utility's service, or to use any other particular service of the utility.

(i) "Promotional advertising" means any advertising conducted for the purpose of encouraging any person to select or use a service or increase usage of the service of a utility, to select, purchase, install, or use any appliance or equipment designed to use such utility's service or to use any other particular service of the utility.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 508.02 Recovery of Certain Expenses Prohibited

No utility shall recover, in any manner, from any person other than the shareholders or other owners of such utility any direct or indirect expenditure by such utility for promotional, political or institutional advertising, or promotional, political or institutional activities except as provided in Puc 508.03.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 508.03 Exempted Expenditures

(a) For the purpose of Puc 508, the terms political advertising, promotional advertising, institutional advertising, political activity, promotional activity, and institutional activity shall not include advertising or activities which:

(1) Inform gas consumers of or provide gas consumers with information or materials intended to result in activities that cost less to implement than the value of the resources;

(2) Are required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act;

(3) Inform natural gas customers how they can improve efficiency in utilizing the utility's service;

(4) Involve or relate to service interruptions, safety measures or emergency conditions;

(5) Concern employment opportunities with such utility;

(6) Provide any explanation of existing or proposed rate schedules or notifications of hearings thereon;

(7) Are consistent with the utility's approved integrated resource plan; and

(8) Inform customers of the availability and sources of financial assistance.

(b) Expenditures referred to in (a)(1) above shall be subject to review and potential recovery as part of the utility's conservation and load management program.

(c) Expenses contained in a utility's IRP shall take into account necessary features for system operation such as diversity, reliability, ability to be readily dispatched, and other factors of risk and shall treat demand and supply to gas consumers on a consistent and integrated basis.

(d) No more than 50% of costs provided for in a utility's IRP shall be borne by ratepayers.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 508.04 Continuing Jurisdiction

Puc 508 shall not restrict or limit the commission's power to disallow any expense as a charge to ratepayers which the commission finds to be unjust, unreasonable, excessive, unwarranted or imprudent pursuant to RSA 378.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 508.05 Reports Required

(a) Each utility shall file an annual report with the commission and the department regarding the advertising or activities described in Puc 508.02.

(b) This report shall itemize the expenses incurred by type of advertising and activity and shall specifically delineate those expenditures for which cost recovery is sought.

(d) Each utility shall keep copies of all its advertising on file for inspection by the commission or the department.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

N.H. Code Admin. R. Ann. Puc 508.06 Accounting

(b) Each utility shall keep a record with respect to any advertising or activity, incurred directly or indirectly, prohibited from recovery pursuant to Puc 508.02, of:

(1) Any expenditure incurred; and

(2) Any allocation methodology.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 509 Enforcement Procedures for Gas Pipeline Utilities

N.H. Code Admin. R. Ann. Puc 509.01 Commission Action

(a) A hearing request pursuant to En 510.09(b) shall be filed with the commission by petition in accordance with Puc 200 no later than 10 days following receipt of the department’s notice of violation, and shall be treated as a request for an adjudicatory proceeding.

(b) Upon receiving a petition for hearing pursuant to En 510.09(b), the commission shall provide the petitioner with notice and an opportunity for a hearing, held pursuant to Puc 200.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Part Puc 510 Enforcement Procedures for Lpg and Landfill Gas Operators

N.H. Code Admin. R. Ann. Puc 510.01 Commission Action

(a) A hearing request pursuant to En 512.09(b) shall be filed with the commission by petition in accordance with Puc 200 no later than 10 days following the receipt of the department’s notice of violation, and shall be treated as a request for an adjudicatory proceeding.

(b) Upon receiving a petition for hearing pursuant to En 512.09(b), the commission shall provide the petitioner with notice and an opportunity for a hearing, held pursuant to Puc 200.

APPENDIX A

Rule

Specific State or Federal Statute the Rule Implements

Puc 501

RSA 362:4-b; 365:8, I, (e), (l); 40 U.S.C. 60101 et seq.

Puc 502

RSA 365:8, I, (e), (l)

Puc 503

RSA 365:8, I, (e), (l); 378:1

Puc 504

RSA 365:8, I, (e), (l); 374; 49 C.F.R. Parts 191 and 192

Puc 505

RSA 365:8, I, (e), (l)

Puc 506.01 – Puc 506.05

RSA 365:8, I, (e), and (l); RSA 374:8, and 13; RSA 374:15; RSA

369.7; RSA 541-A:21, I(q); 18 C.F.R. Part 201

Puc 507.01 – Puc 507.04

RSA 365:8, I, (e), and (l); RSA 369:3; RSA 374:5; 15 U.S.C. § 717

et seq.

Puc 508.01 - 508.06

RSA 365:8, I, (e), (l); 378

Puc 509.01

RSA 365:8, I, (e), (l); 374:7-a

Puc 510.01

RSA 365:8, I, (e), (l); 374:7-a

APPENDIX B

DOCUMENTS INCORPORATED BY REFERENCE

• American National Standards Institute (ANSI)/National Fire Protection Association (NFPA) standards:

54 (National Fuel Gas Code) (Puc 512.02(a)); (Puc 512.08(d)); (Puc 512.14(g)(1))

58 (Liquefied Petroleum Gas Code) (Puc 512.01(b)); (Puc 512.08(a) and (b))

Available at: http://www.nfpa.org/aboutthecodes/list_of_codes_and_standards.asp at the following, non-member costs: NFPA 54: $52.50; NFPA 58: $52.50. (NFPA contact information: NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Telephone: 617-770-3000 or 1-800-344-3555)

• Purging Principles and Practice, American Gas Association (2001 edition) (Puc 506.02(i))

Available through the American Gas Association for the non-member cost of $176.00 at http://www.aga.org/Pubs/buy/Pages/default.aspx.

(AGA contact information: AGA, 400 North Capitol St NW #450, Washington, DC 20001; Telephone: 202-824-7000)

• Training Guide for Operators of Small LP Gas Systems, U.S. Department of Transportation (April 2001 edition). (Puc 512.01(c)) Available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library (USDOT/PHMSA contact information: U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, East Building, 2nd Floor, 1200 New Jersey Ave., SE, Washington, DC 20590; Telephone: 202-366-4433)

• U.S. Department of Transportation Forms (accessed and printed on February 23, 2013):

PHMSA F 7100.1-1 (01-2011) - Annual Report for Calendar Year 20_ - Gas Distribution System (Puc 508.05(a)(2)(b))

PHMSA F 7100.1 (Rev. 06-2011) - Incident Report - Gas Distribution System (Puc 504.06(a)(1)); (Puc 508.05(a)(2)(a)); (Puc 512.07(1))

PHMSA F 7100.2 (Rev. 12-2012) - Incident Report – Natural and Other Gas Transmission and Gathering Pipeline Systems (Puc 508.05(a)(2)(c))

PHMSA F 7100.2-1 (Rev. 12-2012) - Annual Report for Calendar Year 20_ - Natural and Other Gas Transmission and Gathering Pipeline Systems (Puc 508.05(a)(2)(d))

All forms are available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above)

• Utilities Accommodation Manual prepared by the New Hampshire state department of transportation (February 2010 edition). (Puc 506.02(a)(1)) Available for download at no charge at: http://www.nh.gov/dot/org/projectdevelopment/highwaydesign/units/designservices/utility/index.htm (NHDOT contact information: New Hampshire Department of Transportation, John O. Morton Bldg., PO Box 483/7 Hazen Drive, Concord, New Hampshire 03302-0483; Telephone: 603-271-3734)

• National Electric Code as adopted by RSA 155-A:1, IV (2011 edition, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10). (Puc 506.02(g))

Available for a cost of $89.00 (in PDF or book format) at: http://www.nfpa.org/catalog (contact information as above for the NFPA). Also available for review at the Public Utilities Commission.

• ASME Guide for Gas Transmission and Distribution Piping Systems, Guide Material Appendix G-11A (1983 edition). (Puc 512.14(n)) Available for review at the Public Utilities Commission.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 500) #13794, eff 10-25-23

Chapter Puc 600 in Document #13887 included new and amended definitions of relevant terms used in the chapter, and deleted other definitions, specified tariff requirements and contents pursuant to Chapter Puc 1600, required Commission authorization to provide water service, prescribed recordkeeping and record retention requirements, reporting and accounting standards, and processes and standards for utility requests for authority to issue securities, and provided rules for expedited small water utility rate proceedings. The “Uniform Classification of Accounts for Water Utilities”, which is exempt from RSA 541-A pursuant to RSA 374:8, II and RSA 541-A:21, I(q), is now referenced in Puc 604.04 titled “Uniform System of Accounts.”

Part Puc 601 Application of Rules

N.H. Code Admin. R. Ann. Puc 601.01 Application of Rules

Puc 600 shall apply to any utility as defined in Puc 602.09.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

Part Puc 602 Definitions

N.H. Code Admin. R. Ann. Puc 602.01 Commission

"Commission" means the New Hampshire public utilities commission.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.02 Customer

"Customer" means any person, firm, corporation, cooperative marketing association, utility or governmental unit or subdivision of a municipality or of the state or nation supplied with water service by a utility.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.03 Department

“Department” means the New Hampshire department of energy.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.04 Discounted cash flow methodology

"Discounted cash flow methodology" or "DCF" means a method of computing the cost of equity capital via the estimation of the expected flow of dividends in relation to the current market price of the stock computed by dividing the expected annual dividend by the current market price of a share of common stock and adding the expected rate of growth in dividends, as represented in the equation below, where:

(a) "k" means the cost of equity capital;

(b) "Div1" means the annual dividend expected in year one which is calculated by multiplying the dividends paid over the current year just ended by the product of one plus the expected rate of growth in dividends, as shown in the following formula:

Div1 = Div0 (1 + g)

(d) "P0" means the current market price of a share of common stock;

(e) "g" means the expected rate of growth in dividends, which is assumed to be constant; and

(f) "k" is derived by dividing "Div1" by "P0" and adding "g" to the product; as shown in the following formula:

k =(Div1 / P0) + g

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.05 Franchise

"Franchise" means the right to conduct business as a utility pursuant to RSA 374:22 and RSA 374:26.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.06 Meter

"Meter" means a device installed by a utility for the measurement of water quantities to be used as a basis for determining charges for water service.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.07 Order nisi

"Order nisi" means an order that will ripen or take effect at some set date in the future unless the order is rescinded by the commission before that date.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.08 Small water system

"Small water system" means any water distribution system serving fewer than 600 customers:

(a) Which has received a franchise and established an initial revenue requirement pursuant to Puc 1600;

(b) Which is not interconnected with any other water distribution system owned, operated by or affiliated with the same individual or entity; and

(c) Whose revenue requirement is established based on the value of the assets used to serve only those customers served by that water distribution system.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.09 Utility

"Utility" means any "public utility" as defined in RSA 362:2 and RSA 362:4 owning, operating or managing any plant or equipment or any part of the same for supplying of water to the public, or engaged in the transmission or sale of water ultimately sold to the public within New Hampshire except:

(a) Municipal corporations operating within their corporate limits;

(b) Municipal corporations which are exempt pursuant to RSA 362:4, to the extent of any such exemption;

(d) Any association of residents supplying water to themselves.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 602.10 Water service

"Water service" means the furnishing of water to a customer in this state by a utility.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

Part Puc 603 Service Provisions

N.H. Code Admin. R. Ann. Puc 603.01 Filing of Tariffs

No utility shall render service until a complete tariff, containing rate schedules, shall have been filed with the commission and published in accordance with Puc 1600.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

Part Puc 604 Records, Reports and Accounting Requirements

N.H. Code Admin. R. Ann. Puc 604.01 Records in General

All records shall be organized, arranged, or prepared to ensure that sufficient data is available to determine the status of compliance with these rules.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 604.02 Preservation of Records

(a) All records shall be preserved by the utility for a period of 2 years unless otherwise designated by the commission's rules or the department’s rules governing the preservation of records, including Puc 604.04(b) and En 604.05 (g).

(b) The utility shall make such records available to the commission or the department upon request at the utility's office located in the state of New Hampshire.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 604.03 Reports to Commission

(a) The utility shall furnish the commission with any information concerning the utility's facilities or operations which the commission shall request and need for determining rates or judging the practices of the utility, including whether the service provided and facilities used are reasonably safe and adequate.

(b) Each utility shall file periodic reports with the commission as required by Puc 606.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 604.04 Uniform System of Accounts

(a) Each utility shall maintain its accounts and records in conformity with the "Uniform Classification of Accounts for Water Utilities" established and issued by the commission as a uniform system of accounts pursuant to RSA 374:8.

(b) Each utility shall keep and preserve all accounts and records as provided in the "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities Regulation", governing the preservation of records of water utilities, issued by the National Association of Regulatory Utility Commissioners, which is established and designated by the commission as part of its uniform system of accounts pursuant to RSA 374:8.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 604.05 Work Order and Continuing Property Records

Each utility shall maintain a work order system and continuing property records according to the "Uniform Classification of Accounts for Water Utilities" and shall provide the commission or the department access to such records when requested.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

Part Puc 605 Short Term Debt

N.H. Code Admin. R. Ann. Puc 605.01 Short Term Debt

No utility shall issue or renew any notes, bonds, or other evidence of indebtedness payable less than 12 months after the date thereof if said short term debt exceeds 10% of the utility’s net fixed plant without prior commission approval pursuant to Puc 203.01 and Puc 203.06.

History

#13887, eff 2-22-24; ss by #14460, eff 1-2-26, EXPIRES 1-2-36

Part Puc 606 Forms to Be Filed by All Utilities

N.H. Code Admin. R. Ann. Puc 606.01 F-3 Pro Forma Income Statement at Present and Proposed Rates for Year Ended

(a) Each utility which requests a rate increase shall file form F-3 “Pro Forma Income Statement at Present and Proposed Rates for Year Ended” with the commission and the department.

(b) Form F-3 shall include:

(1) A caption identifying the report as “F-3 Pro Forma Income Statement” along with the name

of the utility filing the report;

(2) A breakdown of operating revenues and expenses for:

a. Actual year ended;

b. Adjustments and pro forma at present rates;

c. At proposed rates with additional requirements; and

d. Total requirements;

(3) A calculation of rate base and a calculation of rate of return; and

(4) The signature, full name, and title of the utility employee who supervised the preparation of the report.

History

#13887, eff 2-22-24; ss by #14460, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 606.02 F-4 Petition For Authority To Issue Securities

(a) Each utility shall file form F-4 “Petition For Authority To Issue Securities” with the commission

and the department when it seeks authority to issue securities.

(b) Form F-4 shall include the following:

(1) A petition which shall include:

a. A caption identifying the report as “F-4 Petition for Authority to Issue Securities”

along with the name of the utility filing the report;

b. Description of authorized and outstanding long term debt and capital stock;

c. Amount of short term notes outstanding;

d. Description of new securities;

e. Description of what the proceeds will be used for;

f. List of exhibits attached;

g. Certification statement as contained in Puc 1604.04;

h. Petitioner’s prayer asking for the relief requested; and

i. The signature, full name, and title of the utility employee who supervised the preparation of the form;

(2) Application for leave to issue securities pursuant to RSA 369:3 including a statement in reasonable detail of any proposed additions, construction, or working capital requirements together with any proposed construction budget;

(3) Exhibit 2, showing the estimated cost of financing including, for example, legal costs, printing, documentary tax, trustee services, and financial services;

(4) Exhibit 3, current balance sheet adjusted for financing with journal entries and explanations for actual, adjustments, and as adjusted;

(5) Exhibit 4, current income statement adjusted for financing including new interest, depreciation and taxes with entries for actual, adjustments, and as adjusted;

(6) Exhibit 5, statement of capitalization ratios after giving effect to the proposed financing; and

(7) Exhibit 6, weighted average cost of debt.

(1) A copy of the purchase and sale agreement for long term financing including any letter of commitment from a lender stating the details of financing;

(2) A copy of the mortgage indenture;

(3) A copy of terms of new common or preferred stock;

(4) A resolution of petitioner's stockholders, board of directors, or other governing body of petitioner, as appropriate, authorizing the proposed financing; and

(5) Pursuant to Puc 203.04, no paper filings shall be required if the petition and exhibits are filed electronically.

(d) By submitting or signing a Form F-4 petition, the persons submitting the form agree to comply with the certification requirement as set forth in Puc 1604.04.

History

#13887, eff 2-22-24; ss by #14460, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 606.03 E-22 Report of Proposed Expenditures for Additions, Extensions, and Capital

Improvements to Fixed Capital.

(a) Except as provided in (i) below, each utility shall file with the department and the commission an annual report of proposed expenditures for addition, extensions, and capital improvements to fixed capital on or before May 15 of each year.

(b) The report shall include a caption identifying the report as “E-22 Report of Proposed Expenditures for Additions, Extensions and Capital Improvements to Fixed Capital” along with the name of the utility filing the report.

(c) The utility shall report the following on Form E-22 with respect to any proposed expenditures for additions, extensions, and capital improvements which meet the conditions of (d) below:

(1) A description of the addition, extension, or capital improvement;

(2) The location of the proposed addition, extension, or capital improvement;

(3) The total estimated cost of the proposed addition, extension, or improvement by work category; and

(4) The signature, full name, and title of the utility employee who supervised the preparation of the report.

(d) Each utility shall report to the commission when the probable cost of any addition, extension, or capital improvement to its utility plant will exceed the reportable amounts shown in Table 6.9.1 below:

Table 6.9.1 Reportable Amounts by Utility Plant Range

UTILITY PLANT RANGE

REPORTABLE AMOUNT

$400,000 and under

$5,000

$400,001 to $1,000,000

$10,000

$1,000,001 to $2,000,000

$15,000

$2,000,001 to $3,000,000

$22,500

$3,000,001 to $50,000,000

$30,000

$50,000,001 to $100,000,000

$50,000

$100,000,001 and over

$100,000

(e) The reportable amount shall be based on the gross fixed capital, as of December 31st of the calendar year immediately preceding, of each core stand-alone or satellite system with an independent source of supply.

(f) Companies with more than $10,000,000 in fixed capital may use the next higher reporting limit for their satellite systems.

(g) The reporting limits shall apply to total project cost including contributions in aid of construction.

(h) For purposes of (d) above, reporting shall consist of:

(1) A completed E-22 form; or

(2) With written approval of the commission pursuant to (i) below, a construction budget.

(i) The commission shall accept a construction budget in place of individual E-22 forms if the proposed budget:

(1) Highlights all projects above the utility's reporting limit;

(2) Contains a level of detail appropriate to the expenditures anticipated and to identification of potential project-specific issues; and

(3) Covers a period of no longer than one year.

(j) A utility shall file the construction budget as follows:

(1) An individual E-22 form no fewer than 30 days before starting actual construction or expenditure of funds; or

(2) A construction budget no fewer than 60 days before starting actual construction or expenditure of funds.

(k) If the cost of a project is anticipated to fall below the applicable reporting limit but later exceeds it, the utility shall immediately file an E-22 form at whatever time or phase of the project it becomes apparent the limit will be exceeded. This requirement shall include projects listed in a construction budget but not highlighted in accordance with (i)(1) above.

(l) Investigation of or comment on a construction budget or E-22 by the commission or department, or failure of the commission or department staff to identify prudence review issues, shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merit of any expenditure in a future rate case.

(m) If a project not included in an approved construction budget arises which will exceed a utility's reporting limit, the utility shall file an E-22 form.

History

#13887, eff 2-22-24; ss by #14460, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 606.04 E-25 Water - Report of Proposed Changes in Depreciation Rates

(a) Each utility shall file with the commission and the department “Form E-25 Water Report of

Proposed Changes in Depreciation Rates” when it proposes any change in depreciation rates.

(b) A utility shall include on form E-25:

(1) A caption identifying the report as “E-25 Water Report of Proposed Changes in Depreciation Rates” along with the name of the company;

(2) The date;

(3) The account number and title;

(4) The estimated life, both present and proposed, in years;

(5) The net salvage, both present and proposed, by percentage;

(6) The depreciation rate, both present and proposed, by percentage;

(7) The net annual change in dollars;

(8) The reasons for the proposed changes; and

(9) The signature, full name, and title of the utility employee who supervised the preparation of the report.

(c) A utility shall not implement any change in depreciation rates until the proposed change has been approved by the commission in an adjudicatory proceeding pursuant to Puc 200.

History

#13887, eff 2-22-24; ss by #14460, eff 1-2-26, EXPIRES 1-2-36

Part Puc 607 Small Water Utilities

N.H. Code Admin. R. Ann. Puc 607.01 Purpose

The purpose of Puc 607 is to provide an expedited rate making mechanism for small water distribution systems to:

(a) Ensure safe and adequate service to customers that might be threatened from time to time by severe revenue erosion caused by unexpected capital additions and state and federally mandated programs that increase operating expenses; and

(b) Reduce rate case expenses that are currently paid for in their entirety by customers and have at times far exceeded the requested rate relief.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.02 Expedited Proceeding

(a) In the alternative to a full rate proceeding filed pursuant to Puc 1600, a small water system may request an increase in revenues to recover the cost of any capital additions, or any operating costs that are the result of any state or federal mandate, that result in annual earnings, based on the small water system's fiscal year, below a generic return on equity set pursuant to Puc 607.03, subject to the following conditions:

(1) The small water system shall file a petition with the commission containing the following:

a. The small water system's last established rate base and rate of return, with a citation to the docket establishing said rate base and rate of return;

b. The small water system's and the utility's realized rate of return established from its last filed annual report in combination with any increased or decreased costs and capital additions that were not included in that annual report;

c. The small water system's proposed cost of capital utilizing the generic return on equity contained in Puc 607.03 and its most recent cost of debt;

d. Copies of all invoices substantiating the capital additions requested to be added to rate base;

e. An explanation signed under oath and notarized of each capital addition's usefulness, necessity and purpose;

f. An explanation signed and sworn to under oath and notarized of all increased operating costs incurred as a result of a federal or state mandate including a specific citation to the federal or state mandate that required the increase in costs;

g. The requested increase in revenues, and its effect upon the average customer's annual bill; and

h. An amended tariff page reflecting the proposed increase;

(2) The small water system shall make itself available for an audit at the location where its books and records are kept;

(3) The small water system shall maintain its books and records pursuant to the uniform system of accounts which is described at Puc 604.04;

(4) Subsequent to the filing, the small water system shall provide notice to all of its customers, all municipalities in which those customers are served, the department and the office of the consumer advocate by first class mail of:

a. The requested rate increase;

b. The rate impact on the average customer's annual bill;

c. The capital additions and the federal or state mandates that necessitated the need for rate relief; and

d. The customers' right to participate in the review of the requested rate increase; and

(5) A copy of the notice required in (4), along with an affidavit of mailing, shall be filed with the commission within 15 days of the acceptance of the petition as referred to in (b) below.

(b) Failure to comply with any of the provisions and requirements set forth in (a) shall result in the immediate rejection of the petition if the utility has failed to respond to any notice issued by the commission required by RSA 541-A:29, I.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.03 Generic Return on Equity

(a) At least once during any 12-month period the commission shall establish a generic return to be applied to the equity invested in the small water system using the discounted cash flow methodology.

(b) For the purposes of this section the commission shall assume that the DCF model is based on the concept that stockholders value a share of stock at the present value of the expected cash flow from that share of stock, and that cash flow will grow at the same rate from the present to perpetuity.

(c) For the purposes of this section the sample of companies used in computing k shall consist of non-California water utilities listed in the most current issue of Value Line Investment Survey or other recognized financial source that have consistent data for at least a 10-period of time.

(d) For the purposes of this section cash flow shall be measured using both dividends and earnings, with a 3:1 weighting of dividends to earnings, reflecting the view that investors discount that which they receive, but are also concerned with the source of the cash flow.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.04 Eligibility

A small water system shall not be eligible for rate relief pursuant to this section within 2 years after the issuance of a final order under Puc 607 or Puc 1600.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.05 Rate Design

(a) There shall be no change to a small water system's allocation of revenue responsibility between classes of customers as part of a proceeding brought before the commission pursuant to this section.

(b) Changes to revenue allocations shall include:

(1) Changes between or among residential, commercial, wholesale, or industrial customers;

(2) Fixed charges for service regardless of the amount of water consumed unless the system bills on an unmetered basis;

(3) Availability charges; or

(4) Any other charge that is not based on the amount of water consumed for metered rates as a result of a rate request pursuant to this section.

(c) Such changes shall be allowed, however, where a small water system has installed meters since its last revenue requirement was set by the commission at which time a volumetric charge shall be established along with a fixed charge.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.06 Right to Challenge Recommendation

(a) The small water system, the office of the consumer advocate, a customer or other interested party may challenge the department staff recommendation prepared pursuant to En 610.01 to approve, modify, or deny the requested rate increase by filing with the commission, within 15 days of mailing of the department staff recommendation, a request to hold a conference with the relevant staff members and other parties to discuss the recommendation.

(b) Any such request shall set forth the basis of the objection to the recommendation of the department staff and the issues discussed at any such meeting shall be limited to those issues raised in the request.

(1) Occur within 25 days of the mailing of the staff recommendation; and

(2) If agreed to by the parties and the department staff, be conducted by telephone or video conference.

(d) If staff, the small water system, the department, the office of the consumer advocate, or any other interested party resolve any disagreement regarding department staff's original recommendation they shall so notify the commission in writing.

(e) If department staff, the small water utility, the office of the consumer advocate, or any other interested party are unable to resolve their differences and they wish to express their position to the commission, they shall present their positions to the commission by filing a written statement with the commission within 15 days of the conference with department staff.

(f) If department staff or any party wishes to respond to the statements filed pursuant to section (e), they shall do so by filing a written response with the commission within 25 days of the conference referred to in (c) above.

(g) Copies of all documents filed with the commission pursuant to this section shall be served upon all of the small water system customers, the department, the office of the consumer advocate, the small water system or any other party that has participated in the proceeding.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.07 Commission Decision

(a) After review and consideration of the department staff recommendation and any position statements and responses thereto , the commission shall:

(1) Issue an order nisi approving a rate increase, if the commission finds the rate increase just and reasonable pursuant to the standards set forth in RSA 378 and by the New Hampshire supreme court, and the request is related to a matter under the commission’s jurisdiction as set forth in this chapter;

(2) Issue an order denying the rate increase, if the commission finds the requested rate increase to be unjust and unreasonable pursuant to the standards set forth in RSA 378 and by the New Hampshire supreme court, or the request is outside the ambit of these rules; or

(3) Issue an order initiating a full rate proceeding pursuant to RSA 378:7 and Puc 1600 should the commission believe the utility is over-earning, or under-earning to a degree that threatens safe and adequate service to customers.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.08 Service and Publication of Order

(a) A copy of the order nisi granting the small water utility any increase in revenues shall be served by the utility upon each of the utility's customers via first class mail and the municipalities in which the rate increase shall take effect.

(b) The small water utility shall also publish an attested copy of the order nisi in a newspaper having general circulation distributed in that part of the state in which the rate increase shall take effect.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

N.H. Code Admin. R. Ann. Puc 607.09 Procedural Expenses

(a) A small water utility seeking rate relief pursuant to this section may recover the following expenses:

(1) All administrative costs, including, but not limited to:

a. Postage costs;

b. Publication costs;

c. Photocopying expenses; and

d. Transcription costs; and

(2) One of the following 2 expense categories:

a. The fees of one professional, such as, an accountant, economist, engineer or attorney provided they are prudently incurred and just and reasonable; or

b. All mileage and hourly fees of utility employees used to prosecute a rate proceeding pursuant to this section.

APPENDIX

Rule

Specific State Statute the Rule Implements

Puc 601.01 – Puc 602.10

RSA 365:8, I (e), (l)

Puc 603.01

RSA 365:8, I (e), (l); RSA378:3

Puc 604.01 – Puc 604.05

RSA 365:8, I (e), (l); RSA 374:3, 5 and 15

Puc 605.01

RSA 365:8, I(e) and (l); RSA 374:3-4; RSA 378:8 and RSA 378:13

Puc 606.01

RSA 365:8, I(e) and (l); RSA 374:15

Puc 606.02

RSA 365:8, I(e) and (l); RSA 369:1; RSA 369:3

Puc 606.03 -Puc 606.04

RSA 365:8, I(e) and (l); RSA 374:3; RSA 374:15

Puc 607.01 – Puc 607.09

RSA 365:8, I (b), (e), (l); RSA 374:3, 15; RSA 378:3

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 600) #13887, eff 2-22-24

Chapter Puc 700 Rules for Sewer Utilities

Part Puc 701 Application of Rules

N.H. Code Admin. R. Ann. Puc 701.01 Application of Rules

These rules shall apply to any utility as defined in Puc 702.08.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

Part Puc 702 Definitions

N.H. Code Admin. R. Ann. Puc 702.01 Commission

"Commission" means the New Hampshire public utilities commission.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.02 Customer

"Customer" means any person, firm, corporation, municipality or any other entity being supplied sewage disposal service by a utility.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.03 Department

“Department” means the New Hampshire department of energy.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.04 Septic pumping

"Septic pumping" means the removal of sludge and scum from a septic or holding tank system for transport to appropriate disposal facilities.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.05 Sewage

"Sewage" means ground garbage, human or animal excretions and all other waterborne waste normally disposed of by residential, industrial, or commercial facilities through a sanitary sewage disposal system excluding solid waste, industrial waste and septic pumping.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.06 Sewage disposal service

"Sewage disposal service" means the collection, transportation, treatment, and disposal of sewage including but not limited to the active processing of sewage to remove impurities and its ultimate discharge in the environment. This definition does not include septic pumping.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.07 Sewage disposal system

"Sewage disposal system" means the plant and property, including all pipes, pumps, structures and other facilities and equipment owned, operated, and controlled or managed by a utility in connection with the sewage disposal service to its customers.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

N.H. Code Admin. R. Ann. Puc 702.08 Utility

"Utility" means any "public utility" as defined in RSA 362:2 owning, operating or managing any plant or equipment or any part of the same for the furnishing of sewage disposal for the public except:

(a) Municipal corporations operating within their corporate limits;

(b) Municipal corporations which are exempt pursuant to RSA 362:4, to the extent of such exemption;

(d) Any association of residents supplying sewage disposal service to themselves; or

(e) Any other entity otherwise exempt from regulation by statute or commission order.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

Part Puc 703 Service Provisions

N.H. Code Admin. R. Ann. Puc 703.01 Filing of Tariffs

No utility shall render sewage disposal service until a complete tariff containing terms and conditions and rate schedules shall have been filed and approved by the commission according to Puc 1600.

History

(See Revision Note # 1 and Revision Note #2 at chapter heading for Puc 700) #13889, eff 4-22-24

Part Puc 704 Records, Reports, Accounting Requirements, and Short-Term Debt

N.H. Code Admin. R. Ann. Puc 704.01 Records in General

All records shall be organized, arranged, or prepared to ensure that sufficient data is available to determine the status of compliance with these rules.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 704.02 Preservation of Records

(a) All records shall be preserved by the utility for a period of 2 years unless otherwise designated herein or by the commission’s or the department’s rules governing the preservation of records, including, but not limited to, Puc 704.04(b) and En 706.

(b) All records shall be kept within New Hampshire at the office or offices of the utility and shall be open during business hours for examination by the commission or the department.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 704.03 Reports to Commission

(a) The utility shall furnish the commission with any information concerning the utility’s facilities or operations which the commission shall request and need for determining rates or judging the practices of the utility, including whether the service provided and facilities used are reasonably safe and adequate.

(b) Each utility shall file periodic reports with the commission as required by Puc 705.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 704.04 Uniform System of Accounts for Accounting Records

(a) Each utility shall maintain its accounts and records in conformity with the “Uniform Classification of Accounts for Sewer Utilities” established and issued by the commission as a uniform system of accounts pursuant to RSA 374:8.

(b) Each utility shall keep and preserve all accounts and records as provided in the “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities Regulation” issued by the National Association of Regulatory Utility Commissioners, which is established and designated by the commission as part of its uniform system of accounts pursuant to RSA 374:8.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 704.05 Work Order and Continuing Property Records

Each utility shall maintain a work order system and continuing property records according to the “Uniform Classification of Accounts for Sewer Utilities” and shall provide the commission or the department access to such records when requested.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 704.06 Short Term Debt

No utility shall issue or renew any notes, bonds, or other evidence of indebtedness payable less than 12 months after the date thereof without prior commission approval pursuant to Puc 203.01 and Puc 203.06 if said short term debt exceeds 10% of the utility's net fixed plant.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

Part Puc 705 Forms to Be Filed

N.H. Code Admin. R. Ann. Puc 705.01 E-22 Report of Proposed Expenditures for Additions, Extensions and Capital

Improvements to Fixed Capital.

(a) Except as provided in (i) below, each utility shall file with the commission and the department an annual report of proposed expenditures for addition, extensions, and capital improvements to fixed capital on or before May 15 of each year.

(b) If the utility creates its own Form E-22, the report shall include a caption identifying the report as E-22 Report of Proposed Expenditures for Additions, Extensions and Capital Improvements to Fixed Capital” along with the name of the utility filing the report.

(c) The utility shall report the following on Form E-22 with respect to any proposed expenditures for additions, extensions and capital improvements which meet the conditions of (d) below:

(1) A description of the addition, extension or capital improvement;

(2) The location of the proposed addition, extension, or capital improvement;

(3) The total estimated cost of the proposed addition, extension, or improvement by work category; and

(4) The signature, full name, and title of the utility employee who supervised the preparation of the report and the date submitted.

(d) Each utility shall report to the commission when the probable cost of any addition, extension or capital improvement to its utility plant will exceed the reportable amounts shown in Table 7.5.1 below:

Table 7.5.1 Reportable Amounts by Utility Plant Range

UTILITY PLANT RANGE

REPORTABLE AMOUNT

$400,000 and under

$5,000

$400,001 to $1,000,000

$10,000

$1,000,001 to $2,000,000

$15,000

$2,000,001 to $3,000,000

$22,500

$3,000,001 to $50,000,000

$30,000

$50,000,001 to $100,000,000

$50,000

$100,000,001 and over

$100,000

(f) Companies with more than $10,000,000 in fixed capital may use the next higher reporting limit for their satellite systems.

(g) The reporting limits shall apply to total project cost including contributions in aid of construction.

(h) For purposes of (d) above, reporting to the commission shall consist of:

(1) A completed E-22 form; or

(2) With written approval of the commission pursuant to (i) below, a construction budget.

(i) The commission shall accept a construction budget in place of individual E-22 forms if the proposed budget:

(1) Highlights all projects above the utility's reporting limit;

(2) Contains a level of detail appropriate to the expenditures anticipated and to identification of potential project-specific issues; and

(3) Covers a period of no longer than one year.

(j) A utility shall file the report or the construction budget as follows:

(1) An individual E-22 form no fewer than 30 days before starting actual construction or expenditure of funds; or

(2) A construction budget no fewer than 60 days before starting actual construction or expenditure of funds.

(k) If the cost of a project is anticipated to fall below the applicable reporting limit but later exceeds it, the utility shall immediately file an E-22 form at whatever time or phase of the project it becomes apparent the limit will be exceeded. This requirement shall include projects listed in the construction budget but not highlighted in accordance with (i)(1) above.

(l) Investigation of or comment on a construction budget or E-22 by the commission or department, or failure of the commission or department staff to identify prudence review issues as described in (m) below shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merit of any expenditure in a future rate case.

(m) If a project not included in an approved construction budget arises which will exceed a utility's reporting limit, the utility shall file an E-22 form.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 705.02 E-25 Sewer Report of Proposed Changes in Depreciation Rates

(a) Each utility shall file with the commission and the department “Form E-25 Sewer Report of

Proposed Changes in Depreciation Rates” when it proposes any change in depreciation rates.

(b) If the utility creates its own Form E-25 Sewer, the utility shall include on Form E-25 Sewer a

caption identifying it as “Form E-25 Sewer Report of Proposed Change in Depreciation Rates”.

(1) The name of the company;

(2) The date;

(3) The account number and title;

(4) The estimated whole life, both present and proposed, in years;

(5) The net salvage, both present and proposed, by percentage;

(6) The depreciation accrual rate, both present and proposed, by percentage;

(7) The net annual change in dollars;

(8) The reasons for the change; and

(9) The signature, the printed full name, and title of the utility employee who supervised the preparation of the form as well as the date submitted.

(d) A utility shall not implement any change in depreciation rates until the proposed change has been approved by the commission in an adjudicatory proceeding pursuant to Puc 200.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 705.03 F-3 Pro Forma Income Statement at Present and Proposed Rates for Year Ended

(a) Each utility which requests a rate increase shall file Form “F-3 Pro Forma Income Statement at Present and Proposed Rates for Year Ended” with the commission and the department.

(b) If the utility creates its own Form F-3, the utility shall include on Form F-3 a caption identifying

the report as “Form F-3 Pro Forma Income Statement” and include the name of the utility filing the report.

(1) A breakdown of operating revenues and expenses for:

a. Actual year ended;

b. Adjustments and pro forma at present rates;

c. At proposed rates with additional requirements; and

d. Total requirements.

(d) Each utility which requests a rate increase shall file with the commission the following:

(1) A calculation of rate base and calculation of rate of return;

(2) A description, including a reproduction of actual required income and pro forma test period for rate base, rate of return, income required, adjusted net operating income, deficiency, tax effect, and revenue deficiency;

(3) A detailed schedule, explaining and showing how each pro forma adjustment was determined, of operating revenues and operating expenses, operating rents, and net operating income for 12 months, the pro forma adjustments, test year as proformed, first preceding year, and second preceding year;

(4) A description of property taxes including the town, the period, the actual amount paid, the amount accrued, the amount not applicable to utility operations, proforma adjustments, and proformed property taxes;

(5) If a discount on property taxes was available, the company shall state such and shall include the rate, and whether or not the utility took advantage of the discount;

(6) A description of payroll which shall describe accounts in operation, maintenance, construction, plant removal, and other accounts specified for 12 months ending, pro forma adjustment and proformed to 12 months;

(7) A balance sheet of assets and deferred charges which shall include sewer plant, other property, investments, current assets, deferred charges for 12 months ending, first preceding year, second preceding year, and test year average of monthly balance sheets;

(8) A description of capitalization, long-term debt, current and accrued liabilities, deferred credits, reserves and contributions in aid of construction for 12 months ending, and first preceding year, second preceding year, and test year average of monthly balance sheets;

(9) A description of plant held for future use, deferred charges, deferred credits, accumulated deferred taxes on income for each account or subaccount and accumulated depreciation;

(10) A description of transmission and distribution inventory, appliance inventory, other materials and supplies for the test year average, first preceding year and the second preceding year;

(11) A description of contributions in aid of construction, the name or year received, the actual amount, original amount booked and the annual depreciation taken on contributed capital;

(12) A description of the utility's rate which shall include a description of each of the following:

a. Plant-in-service, less accumulated depreciation and plant held for future use to derive net utility plant;

b. Cash, working capital, materials and supplies, repayments, less deferred taxes, investment tax credits, customer deposits, and customer advances to determine net operating income applicable to rate base; and

c. Rate of return for jurisdictional proforma test year average, jurisdiction 13-month average, total proformed test year average, and total 13 month average;

(13) A description of and accounting of working capital which shall be based upon the balance sheet approach or a detailed lag study; and

(14) The signature, the printed full name, and title of the utility employee who supervised the preparation of the Form.

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

N.H. Code Admin. R. Ann. Puc 705.04 F-4 Authority to Issue Securities

(a) Each utility shall file form “F-4 Authority to Issue Securities” with the commission and the

department when it seeks authority to issue securities.

(b) A utility shall include on form F-4 the following:

(1) A petition which shall include:

a. A caption identifying the form as “Form F-4 Authority to Issue Securities” and the

name of the company;

b. A description of authorized and outstanding long-term debt and capital stock;

c. The amount of short-term notes outstanding;

d. A clause giving a description and the amount of new securities, to whom issued, the interest rates if known and the date of the indenture mortgage under which the debt is to be issued;

e. A description of what the proceeds will be used for;

f. A list of exhibits attached to the petition;

g. A certification statement as contained in (e) below; and

h. The petitioner's prayer asking for the relief requested;

(2) Exhibit 1, an application for leave to issue securities pursuant to RSA 369:3 that includes a statement in reasonable detail of any proposed additions, construction or working capital requirements together with any proposed construction budget;

(3) Exhibit 2, providing a statement showing the estimated cost of financing including, for example, legal costs, printing, documentary tax, trustee services, and financial services;

(4) Exhibit 3, consisting of a current balance sheet adjusted for financing with journal entries and explanations for actual, adjustments, and as adjusted;

(5) Exhibit 4, consisting of a current income statement adjusted for financing including new interest, depreciation and taxes with entries for actual, adjustments and as adjusted;

(6) Exhibit 5, consisting of a statement of capitalization ratios after giving effect to the proposed financing; and

(7) Exhibit 6, consisting of a weighted average cost of debt.

(1) A copy of the purchase and sale agreement for long-term financing including any letter of commitment from a lender stating the details of financing;

(2) A copy of the mortgage indenture;

(3) A copy of terms of the new common or preferred stock;

(4) An appropriate authorizing resolution of petitioner's stockholders or other group or body whose consent is necessary to authorize the petitioner to enter into the new financing; and

(5) Pursuant to Puc 203.04, no paper filings shall be required if the petition and exhibits are filed electronically.

(d) By submitting or signing a form F-4 petition, the persons shall agree to comply with the certification requirement as set forth in (e) below.

(e) Each utility shall provide, in connection with a form F-4 "Petition for Authority to Issue Securities", a certification which shall provide as follows:

"The petitioner utility company believes and, therefore, alleges that the securities to be issued will be consistent with public good and that it is entitled to issue said securities under RSA 369 for the purposes set forth in its petition."

(f) A utility shall not issue any securities until approved by the commission in an adjudicatory proceeding pursuant to Puc 200.

Appendix

Rule

Specific State Statute the Rule Implements

Puc 701.01-702.08

RSA 365:8, I (e), (l)

Puc 703.01

RSA 365:8, I (e), (l); 374:15

Puc 704.01 – Puc 704.06

RSA 365:8, I(e), and (l); RSA 369:1, RSA 369:3;RSA 374:3-4, RSA 374:13

Puc 705.01 – Puc 705.03

RSA 365:8, I(e), and (l); RSA 374:3-4, 374:15

Puc 705.04

RSA 365:8, I(e), and (l); RSA 369:1, RSA 369:3

History

#13889, eff 4-22-24; ss by #14461, eff 1-2-26, EXPIRES 1-2-36

Chapter Puc 800 Underground Utility Damage Prevention Program

Part Puc 801 Application of Rules

N.H. Code Admin. R. Ann. Puc 801.01 Purpose

(a) The purpose of Puc 800 is to protect the public, operators, and excavators from physical harm, damages, and interrupted service resulting from damage to underground facilities.

(b) Puc 800 establishes procedures and requirements relative to:

(1) Minimum requirements for the operation of the system, including notification procedures;

(2) The investigation of complaints including enforcement;

(3) Emergency situations for which notice of excavation pursuant to RSA 374:51, II, is not required; and

(4) Minimum standards of marking the tolerance zone.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 801.02 Application

(a) Each operator, as defined in Puc 802.12, shall:

(1) Comply with Puc 800 and RSA 374:48-56; and

(2) Maintain membership with the notification center.

(b) Any person, including any person who owns or operates an underground facility in New Hampshire but who is not an operator, as defined in Puc 802.12, may become a member of the notification center.

(c) Any member of the notification center who is not an operator but who owns or operates an underground facility shall comply with Puc 800.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

Part Puc 802 Definitions

N.H. Code Admin. R. Ann. Puc 802.01 Blasting

“Blasting” means “blasting” as defined in RSA 374:48, VIII, namely, “excavation by means of explosives.”

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.02 Commission

“Commission” means “commission” as defined in RSA 374:48, I, namely, “the public utilities commission.”

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.01); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.03 Damage

“Damage” means any impact or exposure that results in the need to repair an underground facility due to the weakening or the partial or complete destruction of the underground facility, including, but not limited to, the protective coating, lateral support, corrosion control, or the housing for the line, device, or underground facility.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.02); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.04 Emergency situation

“Emergency situation” means a sudden or unexpected occurrence involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss and moved by #9318, eff 11-8-08 (from Puc 802.03); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.05 Excavation

“Excavation” means “excavation” as defined in RSA 374:48, III, namely, “any operation conducted on private property or in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending or moving any structure or mass material, but does not include the tilling of soil for agricultural purposes, landscaping and maintenance of residential property performed with non-mechanized equipment, landscaping activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grand fathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location.”

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.04); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.06 Excavator

“Excavator” means “excavator” as defined in RSA 374:48, IV, namely, “any person performing an excavation.”

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.05); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.07 Extraordinary circumstances

“Extraordinary circumstances” means events or conditions other than normal operating conditions which exist and make it significantly impractical or impossible for an underground facility owner or member owning, operating, or both, an underground facility to comply with the provisions of Puc 800, including, but not limited to, hurricanes, tornadoes, floods, ice or snow, and acts of God.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.06); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.08 Hand digging

“Hand digging” means any excavation involving non-mechanized tools or equipment and includes, but is not limited to, digging with shovels, picks, probing bars, and manual post hole diggers.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.07); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.09 Holiday

“Holiday” means any legal holiday pursuant to RSA 288:1 or, when such holiday falls on a Sunday, the following day pursuant to RSA 288:2.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.10 Locator

“Locator” means a person acting on behalf of an operator to identify and mark the locations of underground facilities in accordance with Puc 806.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.11 Notification center

“Notification center” means the entity that performs the primary function of the system, is open to all operators within the state of New Hampshire, maintains a database of its members and operators and the specific geographic areas in which each of its members and operators desires to receive notice of proposed excavation, and which has the capability to transmit notices of proposed excavation to its members and operators by teletype, telecopy, personal computer, telephone, or other comparable means.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss and moved by #9318, eff 11-8-08 (from Puc 802.10); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.12 Operator

“Operator” means “operator” as defined in RSA 374:48, IV-a, namely, “any public utility as defined in RSA 362:2 or RSA 362:4, any cable television system as defined in RSA 53-C:1, and any liquefied petroleum gas company operating any jurisdictional facility or facilities as defined by the Natural Gas Pipeline Safety Act (49 U.S.C. chapter 601) that owns or operates underground facilities.” “Operator” also includes any rural electric cooperatives for which a certificate of deregulation is on file with the commission pursuant to RSA 362:2, II, and any voice over internet protocol and internet protocol-enabled service provider pursuant to RSA 362:7, III (e).

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.11); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.13 Person

“Person” means “person” as defined in RSA 374:48, V, namely, “any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.”

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.12); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.14 Premark

“Premark” means identifying the perimeter of the proposed site of an excavation by marking the perimeter in an appropriate manner in white paint, stakes, or other suitable white markings on non-paved surfaces. “Premark” also includes pink markings when winter conditions would render white premarkings not clearly visible.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08, EXPIRES: 2-12-09; ss and moved by #9318, eff 11-8-08 (from Puc 802.13); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.15 System

"System” means “system” as defined in RSA 374:48,VI, namely, “the underground facility damage prevention system referred to in RSA 374:49”.

History

#7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08, EXPIRES: 2-12-09; ss and moved by #9318, eff 11-8-08 (from Puc 802.14); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.16 Tolerance zone

“Tolerance zone” means an area surrounding an underground facility, which is equal to the width of the underground facility plus 18 inches measured horizontally on either side of the underground facility.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss and moved by #9318, eff 11-8-08 (from Puc 802.15); ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 802.17 Underground facility

“Underground facility” means “underground facility” as defined in RSA 374:48, VII, namely, “any property which is buried, placed below ground, or submerged on a public way, private property, right-of-way, easement, public street, or other public place and is being used or will be used for the conveyance of cable television, electricity, gas, sewerage, steam, telecommunications or water.”

History

#9318, eff 11-8-08 (from Puc 802.16); ss by #12102, eff 2-8-17

Part Puc 803 System Requirements

N.H. Code Admin. R. Ann. Puc 803.01 Procedures

and Operation of Notification Center.

(a) The system shall operate a notification center, as contemplated by RSA 374:49.

(b) The notification center required by (a) above shall:

(1) Receive notification from excavators about intended excavation activities;

(2) Provide to excavators who give notice of an intent to engage in an excavation activity the names of potentially affected operators and members owning or operating underground facilities to whom the notification center shall transmit notice;

(3) Promptly transmit to potentially affected operators and members the information received from excavators about intended excavation activities;

(4) Provide the excavator, at the time of initial contact, a registration number confirming the notification of intended excavation activity;

(5) Create a record, which shall include the material included in (6) below, of each notification of the intent to engage in an excavation activity and related communication;

(6) Create, pursuant to (5) above, a record of each proposed excavation, including the following:

a. The name of the person notifying the notification center;

b. The name, address, and telephone number of the excavator;

c. The specific location, including information such as:

Latitude and longitude coordinates;
Two cross street locations;
Notable landmarks;
Utility pole numbers that are verifiable in the field; or
Mile markers;

d. The starting date for the proposed excavation;

e. The most current and accurate description of the intended excavation activity, to include information regarding any blasting or any trenchless excavation methods;

f. The name(s) of any sub-contractor or other person or entity who the excavator indicates may excavate at the intended excavation site on behalf of the excavator making the notification;

g. The date and time of the notification;

h. The confirmation or registration number;

i. The identity of potentially affected members and operators that the notification center contacts to inform of the intended excavation activity;

j. The date and time the notification center transmitted notice of the intended excavation activity to each potentially affected member and operator;

k. The date and time the notification will expire in accordance with Puc 805.01(b); and

l. As to any material follow-up communication relating to the proposed excavation activity directed to the communications center:

The party or parties involved in the communication;
The content of the communication;
The date and time of the communication; and
The date, time, and recipient of any transmittal of the communication; and

(7) Maintain the record required to be kept by (5) and (6) above for a period of a minimum of 3 years from the date of the last communication.

(c) The current toll-free telephone numbers of the notification center for reporting proposed excavations and otherwise communicating with the notification center shall be, 811 or 888-“DIG-SAFE”, which is, 888-344-7233.

(d) The notification center shall maintain an internet-based system for proposed excavations at www.digsafe.com.

(e) Operators and members of the notification center shall use communications equipment that is compatible with the notification center.

(f) The notification center shall develop and implement procedures and use communication equipment which are adequate to acknowledge calls within 20 seconds.

(g) The notification center shall staff its operation a minimum of 10 hours each day, 5 days each week, excluding Saturdays, Sundays, and holidays, to respond to both routine and emergency calls.

(h) During the hours that the notification center is not operated by staff, the notification center shall provide at a minimum for an answering service capable of responding to an emergency notification request 24 hours per day, 7 days per week.

(i) The training provided by the notification center shall direct the public to make emergency calls to 911.

(j) The notification center shall be capable of responding to a request for emergency notification and shall transmit the information as provided in (k)(3) below.

(k) The notification center shall transmit information as follows:

(1) Notices of proposed excavation activities to potentially affected members and operators by 5:00 p.m. on the date of receipt;

(2) Routine messages by 5:00 p.m. on the date of receipt; and

(3) Messages relating to emergency situations, as described in Puc 805.03, to any potentially affected member, operator, or excavator, as applicable, as soon as possible, but not later than 10 minutes following receipt.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 803.02 Education

and Training.

(a) The notification center shall assure that the toll-free telephone number shall be prominently displayed in telephone directories state-wide.

(b) The notification center shall:

(1) Make available literature describing the notification center;

(2) Assure the distribution of such literature to the public; and

(3) Make such literature available for purchase and distribution by requesting parties.

(c) The notification center shall, upon request, provide training to its members regarding the operations of the notification center.

(d) The notification center shall provide all members and interested persons with a brochure explaining the notification center's objectives, procedural guidelines, and opportunities for member participation.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

Part Puc 804 Duties of Operators

N.H. Code Admin. R. Ann. Puc 804.01 Reporting

Requirements for Operators of Underground Facilities.

(a) Each operator shall file monthly, including any month in which there are no violations to report, with the commission, on or before the 15th day of the following month, written reports of probable violations of Puc 800, damage to underground facilities, or both.

(b) Each operator shall file reports required by (a) above on Form E-26 dated 12/2014 and available at the commission website at www.puc.nh.gov/forms.

(c) If there are no reportable incidents during a month the operator shall file a one page notification report using Form E-26, on or before the 15th day of the following month, identifying the owner or operator and stating that no reportable incident of damage or a violation occurred during the month.

(d) The operator shall send the reporting form required by this section to the New Hampshire public utilities commission, safety division, at its mailing address as provided on Form E-26 or electronically, including other pertinent information as attachments to Form E-26 as specified in Form E-26.

(e) After December 31, 2016, upon exposure of previously unrecorded or inaccurately recorded underground facilities in the course of excavation the operator shall verify and modify the existing records as necessary.

(f) The operator shall maintain records of all existing underground facility locations identified pursuant to (e) above and of all underground facilities abandoned in place after December 31, 2016.

History

#2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 804.02 Notification

Requirements.

(a) Any operator who owns, operates, or both, an underground facility used in the transportation of gas or hazardous liquids and subject to the federal pipeline statute, 49 U.S.C. §§ 60101 to 60137, shall:

(1) Maintain a current list of the names and contact information of persons who normally engage in excavation activities in the area in which any underground facility is located, which is owned by that operator, and is used in the transportation of gas or hazardous liquids and subject to the federal pipeline statute;

(2) Notify abutters of the existence of an underground facility used in the transportation of gas or hazardous liquids subject to the federal pipeline statute, owned by that operator; and

(3) Notify persons who normally excavate in the area in which an underground facility used in the transportation of gas or hazardous liquids subject to the federal pipeline statute owned by that operator, as often as needed to make them aware of the notification center, including:

a. The notification center’s existence and purpose; and

b. How to learn the location of underground facilities before excavation activities begin.

(b) An affected operator shall complete the notification required by Puc 804.02(a)(2) above by:

(1) Distributing fliers;

(2) Informational mailings;

(3) Placing line markers;

(4) Signage; or

(5) Other reasonable public education outreach actions.

(c) An affected operator shall complete the notification required by Puc 804.02(a)(3) above by distributing informational mailings, conducting informational sessions, or other means of effective communication.

(d) An operator who participates in an underground utility damage prevention system shall not be required to locate underground facilities not owned by the operator, including, but not limited to, any such underground facilities running from a house to a garage or other outbuilding.

(e) When no underground facility is within the area of a proposed excavation, an owner or operator receiving notification of the proposed excavation shall so advise the excavator by:

(1) Marking the non-existence of facilities within the premarked area of intended excavation in accordance with Puc 806;

(2) Participating in a meeting where details of the job site are discussed and documented; or

(3) Communicating with the excavator via e-mail, fax, telephone, or other electronic communication, provided that the excavator confirms receipt of such communication.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90
#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 804.03 Training

of Locators.

(a) Locators shall be trained in accordance with the National Utility Locating Contractors Association (NULCA) Professional Competence Standards for Locating Technicians, Fourth Edition 2015, available as noted in Appendix B, including the competencies as described in (b) below.

(b) To meet the requirements of (a), training programs for locators shall include, at a minimum, the following competencies:

(1) Electromagnetic locating;

(2) Instruction in the use of transmitters and receivers;

(3) Procedures for marking underground facilities;

(4) Training in the identification of facilities;

(5) Safety procedures;

(6) Operator map and record reading; and

(7) Familiarity with the rules in this chapter.

History

#9318, eff 11-8-08; ss by #12102, eff 2-8-17

Part Puc 805 Duties of an Excavator

N.H. Code Admin. R. Ann. Puc 805.01 Notification

Required Prior to Excavation.

(a) No person shall perform an excavation within 100 feet of an underground facility, except in an emergency situation pursuant to Puc 805.03, without first giving notification in accordance with this section.

(b) Excavators shall, pursuant to RSA 374:51 notify the notification center:

(1) Not less than 72 hours prior to the proposed excavation, not including Saturdays, Sundays and legal holidays; and

(2) Not more than 30 days prior to the proposed excavation.

(c) The excavator’s notification, required by (a) above, shall be valid for 30 calendar days from the date and time the notification center confirms the notification.

(d) When an excavator contacts the notification center as described in (a) above, it shall provide the following:

(1) The name of the person notifying the notification center;

(2) The name, address, and telephone number of the excavator;

(3) The name of each sub-contractor or other person or entity who is expected to excavate at the intended excavation site on behalf of the excavator making the notification; and

(4) The specific location, including information such as:

a. Latitude and longitude coordinates;

b. Two cross street locations;

c. Notable landmarks;

d. Utility pole numbers that are verifiable in the field; or

e. Mile markers;

(5) The starting date for the proposed excavation; and

(6) The most current and accurate description of the intended excavation activity, to include information regarding any blasting or any trenchless excavation methods.

(e) Prior to complying with the notification requirements of RSA 374:51, II and (a) above, an excavator shall, pursuant to RSA 374:51, IV, premark the area of proposed excavation by identifying the perimeter of the proposed site of the excavation.

(f) The excavator shall premark in a way that does not interfere with traffic or pedestrian control and is not misleading to the general public.

(g) An excavator shall not be required to premark any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location.

(h) If an excavation for a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any one of the following methods:

(1) Providing a detailed description of the site area;

(2) Providing detailed construction plans;

(3) Holding an on-site meeting with potentially affected operators; or

(4) Providing other effective means of communicating the perimeter of the excavation to any potentially affected operator, member, or both, of the notification center who owns or operates an underground facility.

(i) If an excavation is over 100 feet in length, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any 2 of the following methods:

(1) Providing a detailed description of the site area;

(2) Providing detailed construction plans;

(3) Holding an on-site meeting with potentially affected operators; and

(j) Once an owner or operator of an underground facility has marked the location of its underground facility in the area of an excavation, pursuant to RSA 374:53 and Puc 805.02, the excavator, and any , employee, or agent of the excavator performing work on behalf of the excavator at the site, shall be responsible for maintaining the markings during the excavation.

(k) No person or entity not an employee of the excavator shall excavate on behalf of an excavator as a subcontractor or otherwise without separately complying with the notification requirements of this section, unless the excavator has notified the notification center of the identity of that person or entity as provided in (d)(3) above.

(l) A subcontractor of the excavator or other entity may excavate pursuant to the excavator’s notification to the notification center if the subcontractor or entity:

(1) Performs excavation at the location specified in the notification;

(2) Has a contract or other written authorization to perform the excavation for the excavator;

(3) Does the excavation work specified in the notification;

(4) Is listed with the notification center, as provided in (d)(3) above; and

(5) Otherwise complies with Puc 800, RSA 374:48-56 and other applicable law.

(m) No person shall misuse the intent of the notification center by making a request for marking of an underground facility for other than excavating activities, such as for conducting an engineering design, or without a present intention to excavate at the site subject to the request within 30 days.

History

#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 805.02 Excavation

That Affects the Tolerance Zone.

(a) Any person conducting excavation activity that affects the tolerance zone surrounding an underground facility shall exercise at all times such reasonable care as is necessary to protect the underground facility from damage.

(b) Except as provided in (c) below, in order to locate and identify an underground facility, the excavator shall excavate by methods limited to:

(1) Hand digging;

(2) Pot holing;

(3) Soft digging;

(4) Vacuum excavation;

(5) Other mechanical methods with the approval of the underground facility owner or operator; or

(6) Other methods accepted in the industry consistent with the alternatives listed in (1) through (5) above, which clearly will not affect the integrity of the underground facility.

(c) For bituminous pavement and concrete travel surface removal an excavator shall not be limited to hand digging and the other non-invasive methods cited in (b) above.

(d) For parallel type excavations, such as excavation along an existing underground facility at an approximately equal distance when measured periodically, the excavator shall expose the existing underground facility at intervals as often as necessary to avoid damage.

(e) For perpendicular type excavations in which the markings are completed in accordance with 806.01 (a) (2), the excavator shall expose the existing underground facility using methods listed in (b) above within the defined tolerance zone.

(f) In the event the excavator exposes what appears to be the underground facility that is offset from the centerline:

(1) The excavator shall not assume there are no other underground facilities having the same function within the tolerance zone; and

(2) The excavator shall continue using methods listed in (b) above through remainder of the tolerance zone unless the verification of the existence or non-existence of underground facilities is determined by the operator.

(g) For trenchless excavations, such as horizontal drilling, boring, pneumatic jacking, tunneling, and pavement reclamation, reasonable care for purposes of Puc 805.02(a) shall include determining the exact depth of the underground facility and clearances required by the operator and incorporating location details into the trenchless excavation procedure so as to avoid any potential damage of the underground facility.

History

#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 805.03 Emergency

Situations.

(a) If necessary to respond in an emergency situation, an excavator may begin an excavation without notifying the notification center prior to excavation as required by Puc 805.01, but shall notify the notification center at the earliest practicable moment.

(b) In notifying the notification center of excavation or intended excavation in an emergency situation, the excavator shall specifically identify the dangerous condition involved.

(c) An excavator who excavates in an emergency situation shall not be liable for a failure to notify the notification center as required by Puc 805.01.

(d) Nothing in this section shall relieve the excavator from liability if:

(1) The excavator damages an underground facility which has been properly marked;

(2) The excavator damages an underground facility which has not been marked; or

(3) The excavation does not qualify as an emergency excavation.

(e) No excavator shall indicate to the notification center or to an operator or member of the notification center that owns or operates an underground facility that an event constitutes an emergency situation unless the excavator believes in good faith that the circumstances do constitute an emergency situation.

(f) If the parties request, pursuant to Puc 200, a determination by the commission as whether a situation is, or was, an emergency situation, the commission shall make such a determination based on a review of the facts of the situation and the definition of emergency situation.

History

#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 805.04 Blasting

(a) When an excavator determines that blasting will be required during an excavation, the excavator shall inform the notification center when providing notice of the excavation.

(b) If an excavator determines during the effective term of the excavator's notification that blasting is required within the area premarked in accordance with Puc 805.01 (d), the excavator shall notify the notification center of the need to blast at least 24 hours prior to any blasting, not including Saturdays, Sundays, and holidays.

(c) When unanticipated obstructions prevent further excavation without blasting, the excavator shall provide separate notice of such blasting not less than four hours in advance of such blasting, not including the hours of 4:00 p.m. to 6:00 a.m. weekdays, or all of Saturdays, Sundays, and holidays.

History

#9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 805.05 Damage

to an Underground Facility.

(a) When an excavator causes any damage to an underground facility not owned or operated by the excavator, the excavator shall:

(1) Call 911 when:

a. A gas underground facility is damaged and there is a release of gas;

b. An electric underground facility is damaged and an excavator determines that a person may have received an electric shock; or

c. Any other facility is damaged and public safety is affected.

(2) Evacuate nearby structures if necessary;

(3) Contact the facility owner or operator at the earliest practical moment following discovery of the damage;

(4) Attempt no repairs, unless directed to by the facility owner or operator;

(5) Call 811 or 888-DIG SAFE (Notification Center); and

(6) Report the damage within 72 hours excluding weekends and holidays to the commission by electronic mail on Form SNU-0401 dated 12/2014 and available at the commission website at www.puc.nh.gov/forms.

History

#9318, eff 11-8-08; ss by #12102, eff 2-8-17

Part Puc 806 Marking the Tolerance Zone

N.H. Code Admin. R. Ann. Puc 806.01 Tolerance

Zone.

(a) An operator shall use one of the following marking methods to mark the tolerance zone of an underground facility:

(1) The corridor marking method which shall be the practice of placing markers at either boundary of the tolerance zone, such that the markers will be 18 inches plus one-half the width of the facility away from the facility centerline;

(2) The centerline marking method which shall be the practice of placing markers directly over the centerline of the facility establishing boundaries at points located 18 inches plus one-half the width of the facility from the markers; or

(3) The offset marking method which shall be the practice of locating the centerline of the facility and placing markers at locations which parallel the facility.

(b) Any operator shall use the offset marking method only when it is impractical to use either the corridor or centerline methods, such as in marking in the traveled portion of an unpaved roadway.

(c) When marking an underground facility, an operator shall mark the underground facility consistent with the color code for the utility type of the underground facility, as set forth in Puc 806.02.

(d) In the event an operator maintains 2 or more underground facilities in close proximity to each other within the area of the proposed excavation activity, and the corridor marking method is to be applied, the operator may mark one tolerance zone.

(e) When an operator marks 2 or more underground facilities as described in (d) above:

(1) The operator shall establish the boundaries of the tolerance zone by use of the corridor marking method by locating the boundaries of each separate underground facility and placing markers at the outer boundaries of the multiple underground facilities; and

(2) When the marking results in one area being marked, the operator shall inform the excavator of the marking of each of the separate underground facilities within the marked boundaries, either verbally or by appropriate single markings pursuant to Puc 806.01.

(f) When an operator maintains 2 or more underground facilities in close proximity to each other within the area of the proposed excavation and the centerline marking method is to be applied, the operator shall place markers, conforming with Puc 806.01(a)(2), over the centerline of each facility.

(g) In the event the operator or member who owns and/or operates an underground facility is unable to designate the location of the underground facility due to extraordinary circumstances:

(1) The operator or member shall notify the notification center and provide an estimated completion date;

(2) The notification center shall document on the existing notification ticket, utilizing an attachment message, that the utility is unable to designate the location of the underground facility; and

(3) The operator shall notify the excavator who called the notification center that it is unable to designate the location of the underground facility due to extraordinary circumstances.

History

#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 806.02 Markers

(a) Within 72 hours after receipt of notice from a proposed excavator or from the notification center of a proposed excavation, but not including Saturdays, Sundays and holidays, an operator or member of the notification center who owns or operates an underground facility, shall:

(1) Mark the location of its underground facility in the area of the proposed excavation; or

(2) If no underground facility is within the area of the proposed excavation, so notify the excavator pursuant to Puc 804.02(e).

(b) An operator who participates in an underground utility damage prevention system shall not be required to locate underground facilities not owned by the operator, including, but not limited to, any such underground facilities running from a house to a garage or other outbuilding.

(c) An operator shall mark underground facilities by the use of paint, stakes, flags, or by any other means that clearly indicates the location of the underground facility.

(d) An operator shall consider the physical characteristics in the area of the proposed excavation in determining the type of marker to be used.

(e) Operators shall mark underground facilities according to the following color code:

(1) Red shall be used for underground facilities conveying electric power, electric cable conduits, or lighting cables;

(2) Yellow shall be used for underground facilities conveying gas, oil, steam, petroleum, or gaseous materials;

(3) Orange shall be used for underground facilities used for communications, alarm, signal, communications cables, or communications conduit;

(4) Blue shall be used for underground facilities conveying potable water;

(5) Green shall be used for underground facilities conveying sewer or used for drain lines; and

(6) Purple shall be used for underground facilities conveying reclaimed water such as used for irrigation or slurry lines.

(f) Excavators shall use the color white for the pre-marking of the boundaries of a proposed excavation, except as provided in (g) below.

(g) Excavators shall use pink for pre-marking when snow conditions would render white premarking not clearly visible.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 806.03 Identification

(a) When an operator marks its underground facility it shall indicate:

(1) The width of the underground facility for all facilities greater than 1 inch nominal diameter;

(2) The specific owner or operator of the underground facility; and

(3) The function of the underground facility.

(b) For purposes of Puc 806.03 (a)(3) functions shall be marked by using:

(1) The letter E for underground facilities conveying electricity;

(2) The letter G for underground facilities conveying gas;

(3) The letters PP for underground facilities conveying oil;

(4) The letters ST for underground facilities conveying steam;

(5) The letters CH for underground facilities conveying chemicals;

(6) The letter T for underground facilities containing telephone wires or cable;

(7) The letters CATV for underground facilities conveying cable television signals;

(8) The letters TC for underground facilities conveying traffic control information or signals;

(9) The letters FA for underground facilities conveying fire alarm information or signals;

(10) The letter W for underground facilities conveying water;

(11) The letters RW for underground facilities conveying reclaimed water;

(12) The letter S for underground facilities conveying sewage;

(13) The letters SS for underground facilities conveying storm sewage; and

(14) The letters SD shall be used for underground facilities used for storm drainage.

(c) An operator shall identify with markings any changes in direction or terminations occurring within the immediate area of the proposed excavation with arrows or other appropriate indicators.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 806.04 Emergency

Procedures.

(a) Each operator and member of the notification center who owns or operates underground facilities, or both, shall develop internal practices and procedures to:

(1) Receive and respond to emergency notifications; and

(2) Mark the location of facilities in emergency situations.

History

#7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 806.05 Marking

Certain Newly Installed Underground Facilities.

(a) Upon completing the installation of new underground facilities within an area that has been subject to excavator notification and premarking pursuant to Puc 805.01, an operator shall make reasonable efforts to communicate the existence of such new facilities if they are covered with soil or other material that impairs their visibility.

(b) For purposes of (a) above, reasonable efforts shall include:

(1) Marking the tolerance zone in accordance with Puc 806.01, 806.02, 806.03, and 806.04;

(2) Contacting the excavator with information regarding the presence of the newly constructed underground facilities; or

(3) Leaving a tag or marker clearly indicating the presence of the newly constructed underground facilities with contact information.

History

#9318, eff 11-8-08; ss by #12102, eff 2-8-17

Part Puc 807 Enforcement Procedures

N.H. Code Admin. R. Ann. Puc 807.01 Investigation

of Complaints.

(a) The notification center shall institute procedures to receive and resolve complaints of excavators, operators, owners of underground facilities, members, and the general public.

(b) Owners and operators of underground facilities shall institute procedures to receive and resolve complaints of excavators and the general public.

(c) The commission staff shall consider and decide unresolved complaints pursuant to the procedures established in Puc 807.02 through 807.07.

(d) An unresolved dispute relating to Puc 800 which is appealed in writing to the commission shall be handled as follows:

(1) The matter shall be treated as a request for an adjudicatory proceeding pursuant to the procedures established in Puc 200; and

(2) The parties to the dispute shall have a right of appeal by petition to the New Hampshire Supreme Court pursuant to RSA 541:6.

History

#5616, eff 4-20-93, EXPIRED: 4-20-99
#7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.02 Notice

of Probable Violation.

(a) In the event the commission staff determines that a probable violation of RSA 374:48-56, Puc 800, or both, has occurred, staff shall issue a written notice of probable violation (NOPV) to the party alleged to have committed the violation.

(b) The commission staff shall send information regarding the NOPV by certified mail to the party noticed in the probable violation.

(1) A description of the probable violation and reference to the rule or statute regarded as violated;

(2) The date and location of the probable violation;

(3) A statement notifying the party or parties involved that civil penalties might be imposed pursuant to RSA 374:48-56, in the event of unfavorable judgment;

(4) Statutory rights of the respondent as enumerated in RSA 374:48-56; and

(5) Procedures for resolving the complaint.

(d) Any owner or operator of an underground facility involved in the NOPV shall provide a representative for any informal conference or hearing scheduled pursuant to Puc 800.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.03 Responses

to Notice of Probable Violation.

(a) Upon receipt of the NOPV the respondent shall either:

(1) Submit to the commission within 30 days, in writing, evidence refuting the probable violation referenced in the NOPV;

(2) Request in writing within 30 days, an informal conference with commission staff to examine the basis of the probable violation; or

(3) Execute a consent agreement with the commission resolving the probable violation.

(b) If the respondent requests an informal conference pursuant to (a)(2) above, the commission staff shall set a date and time for the informal conference.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.04 Notice

of Violation.

(a) If the commission or commission staff involved in the damage prevention program, after reviewing evidence and testimony obtained in writing or conferences, determines that a violation of RSA 374:48-56, Puc 800, or both, has occurred, the commission or commission staff involved in the damage prevention program shall issue a notice of violation (NOV) to the respondent pursuant to RSA 374:55, VII.

(b) The NOV so issued shall include:

(1) The factual and statutory basis for the unfavorable preliminary determination;

(2) A description of factors relied upon by commission staff in making its determination, such as the gravity of the violation, history of prior violations, degree of culpability of the respondent, how quickly the respondent took action to rectify the situation, cooperativeness of respondent, and any other factors which would tend to either aggravate or mitigate the violation;

(3) The civil penalty, if any, proposed to be imposed;

(4) Procedures for remitting penalty; and

(5) Statutory rights of the respondent as enumerated in RSA 374:48-56.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.05 Response

to Notice of Violation.

(a) Within 10 days from receipt of the NOV, the respondent shall either:

(1) Sign a consent agreement and remit the civil penalty; or

(2) File a request in writing for a hearing before the commission.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.06 Commission

Action.

(a) The commission shall act upon staff’s recommendation unless the respondent requests a hearing pursuant to Puc 807.05(a)(2).

(b) Upon receipt of a hearing request under Puc 807.05(a)(2), the commission shall provide the respondent with notice and an opportunity for a hearing, held pursuant to Puc 200.

(c) At any hearing held under (b) above, the respondent may show by a preponderance of the evidence why the commission or designated commission staff determination should be changed.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

N.H. Code Admin. R. Ann. Puc 807.07 Civil

Penalties.

(a) If the commission or designated commission staff within the division of safety finds reason to issue an NOV, the commission or designated commission staff shall propose to assess a civil penalty pursuant to RSA 374:55.

(b) In determining the assessment, the following factors shall be considered:

(1) The severity of the consequences resulting from the violation such that the more severe the consequences, the higher the civil penalty, the gravity of the violation, degree of culpability of the respondent, cooperativeness of respondent, history of prior violations, and other factors which would tend to aggravate fault; and

(2) Mitigating circumstances, such as how quickly the excavator took action to rectify the situation, how much control the excavator had over the situation, and other circumstance which would tend to lessen fault.

APPENDIX A: STATE STATUTES IMPLEMENTED

Rule

Specific State Statute the Rule Implements

Puc 801.01

RSA 374:50; RSA 374:55,VII

Puc 801.02

RSA 374:50

Puc 802.01

RSA 374:50; RSA 374:48,VIII

Puc 802.02

RSA 374:50; RSA 374:48,I

Puc 802.03

RSA 374:50

Puc 802.04

RSA 374:50

Puc 802.05

RSA 374:50; RSA 374:48,III

Puc 802.06

RSA 374:50; RSA 374:48,IV

Puc 802.07

RSA 374:50

Puc 802.08

RSA 374:50

Puc 802.09

RSA 374:50; RSA 288:1; RSA 288:2

Puc 802.10

RSA 374:50

Puc 802.11

RSA 374:50

Puc 802.12

RSA 374:50; RSA 374:48,IV-a; RSA 362:2, II;

RSA 362:7, III(e)

Puc 802.13

RSA 374:50; RSA 374:48,V

Puc 802.14

RSA 374:50; RSA 374:51,IV

Puc 802.15

RSA 374:50; RSA 374:48,I

Puc 802.16

RSA 374:50

Puc 802.17

RSA 374:50; RSA 374:48,VII

Puc 803.01

RSA 374:50, I; RSA 374:49, RSA 374:52

Puc 803.02

RSA 374:50,I

Puc 804.01

RSA 374:50

Puc 804.02

RSA 374:50; RSA 374:49; RSA 374:52

Puc 804.03

RSA 374:50

Puc 805.01

RSA 374:50, I; RSA 374:51

Puc 805.02

RSA 374:50

Puc 805.03

RSA 374:50; III; RSA 374:51,I

Puc 805.04

RSA 374:50; RSA 374:51,VII

Puc 805.05

RSA 374:50; RSA 374:54;

49 C.F.R. §198.55(a)(6) (iii)(A)

Puc 806.01

RSA 374:50; RSA 374:53

Puc 806.02

RSA 374:50; RSA 374:53

Puc 806.03

RSA 374:50; RSA 374:53

Puc 806.04

RSA 374:50,III

Puc 806.05

RSA 374:50; RSA 374:53

Puc 807.01

RSA 374:50,II

Puc 807.02

RSA 374:50; RSA 374:55,VII

Puc 807.03

RSA 374:50; RSA 374:55

Puc 807.04

RSA 374:50; RSA 374:55,VII

Puc 807.05

RSA 374:50; RSA 374:55

Puc 807.06

RSA 374:50; RSA 374:55,VII

Puc 807.07

RSA 374:50; RSA 374:55

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

RULE

TITLE/CITATION (DATE)

SOURCE

Puc 804.03(a)

National Utility Locating Contractors Association (NULCA) Professional Competence Standards for Locating Technicians, Fourth Edition 2015.

Published by National Utility Locating Contractors Association, 1501 Shirkey Avenue, Richmond, MO 64085, www.nulca.org

Available from NULCA for $250.00 with membership. Available for review at the Public Utilities Commission at no cost.

History

#7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17

Chapter Puc 900 Net Metering for Customer-Owned Renewable Energy Generation Resources of 1,000 Kilowatts or Less

Part Puc 901 Purpose

N.H. Code Admin. R. Ann. Puc 901.01 Purpose

The purpose of Puc 900, pursuant to the mandate of RSA 362-A:9, is to establish reasonable interconnection requirements for safety, reliability, and power quality for net energy metering as the public interest requires, and consistent with the legislative declaration of purpose set forth in RSA 362-A:1, in which the legislature found:

(a) “It to be in the public interest to provide for small scale and diversified sources of supplemental electrical power to lessen the state's dependence upon other sources which may, from time to time, be uncertain;”

(b) “It to be in the public interest to encourage and support diversified electrical production that uses indigenous and renewable fuels and has beneficial impacts on the environment and public health;” and

(c) “That net energy metering for eligible customer-generators may be one way to provide a reasonable opportunity for small customers to choose interconnected self-generation, encourage private investment in renewable energy resources, stimulate in-state commercialization of innovative and beneficial new technology, enhance the future diversification of the state's energy resource mix, and reduce interconnection and administrative costs.”

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 901.02 Applicability

(a) Puc 904 through Puc 908 shall be applicable only to small net-metering customers.

(b) Puc 903.02(l) through (p) shall only apply to net surplus electricity exported to the distribution system that accumulates during the 12 monthly billing cycles preceding the March 2012 billing cycle and in subsequent billing cycles.

(c) Where expressly noted, the provisions of Puc 900 shall apply only to customer-generators subject to the standard net metering tariff or only to customer-generators subject to the alternative net metering tariff.

(d) Interconnection of large net-metering customer-generators shall be governed by each utility’s interconnection practices as set forth in its tariff filed with the commission.

(e) With the exception of Puc 903.02(u) and Puc 905.07, and unless otherwise noted, Puc 900 shall be applicable to rural electric cooperatives for which a certificate of deregulation is on file with the commission with respect to customer-generator subject to the standard net metering tariff up to the applicable cap set forth in Puc 903.02(b).

History

#9998, eff 9-20-11; ss by #13080, eff 9-14-20

Part Puc 902 Definitions

N.H. Code Admin. R. Ann. Puc 902.01 Affordable Housing Project

“Affordable Housing Project” means any multi-family residential housing project that is:

(1) Funded through a federal, state, or local program requiring that the real estate remains subject to land use restriction or rental housing affordability covenants that limit allowable rents charged to individuals or families, consistent with RSA 674:58, IV pertaining to workforce housing, or as otherwise required under the applicable federal, state, or local program;

(2) A federal low-income housing tax credit project, as defined in Section 42 of the Internal Revenue Code of 1986, as amended;

(3) A project funded with federal grants made to states for low-income housing projects in lieu of low-income housing tax credits under Section 1602 of the American Recovery and Reinvestment Act of 2009; or

(4) A limited equity cooperative, including, but not limited to, a manufactured housing park or apartment building, in which the majority of members are of low or moderate income.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.02 Agreement

“Agreement” means the written agreement signed by the host and by each group member as required by RSA 362-A:9, XIV for the purpose of controlling energy costs of the group.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09;
#9515, eff 7-18-09 (from Puc 902.01); ss by #9998, eff 9-20-11 (from Puc 902.01); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.01)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.01)

N.H. Code Admin. R. Ann. Puc 902.03 Alternative Net Metering Tariff

“Alternative Net Metering Tariff” means the alternative net energy metering tariff provisions adopted by the commission pursuant to RSA 362-A:9, XVI in Order No. 26,029 issued in Docket DE 16-576 on June 23, 2017, which tariff provisions are applicable to customer-generators receiving a utility net metering capacity allocation on or after September 1, 2017 once the utility is capable of implementing such new tariff provisions.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.04 Combined Heat and Power System

“Combined Heat and Power System” means a “combined heat and power system” as defined in RSA 362-A:1-a, I-d, namely “a new system installed after July 1, 2011, that produces heat and electricity from one fuel input using an eligible fuel, without restriction to generating technology, has an electric generating capacity rating of at least one kilowatt and not more than 30 kilowatts and a fuel system efficiency of not less than 80 percent in the production of heat and electricity, or has an electric generating capacity greater than 30 kilowatts and not more than one megawatt and a fuel system efficiency of not less than 65 percent in the production of heat and electricity. Fuel system efficiency shall be measured as usable thermal and electrical output in BTUs divided by fuel input in BTUs.”

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09 (from Puc 902.03); ss by #9998, eff 9-20-11 (from Puc 902.04); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.03)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.02)

N.H. Code Admin. R. Ann. Puc 902.05 Customer-Generator

“Customer-Generator” means “eligible customer-generator” as defined in RSA 362-A:1-a, II-b, namely “an electric utility customer who owns, operates, or purchases power from an electrical generating facility either powered by renewable energy or which employs a heat led combined heat and power system, with a total peak generating capacity of up to and including one megawatt, that is located behind a retail meter on the customer's premises, is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Incremental generation added to an existing generation facility, that does not itself qualify for net metering, shall qualify if such incremental generation meets the qualifications of this paragraph and is metered separately from the non-qualifying facility.”

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11 (from Puc 902.03); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.04)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.03)

N.H. Code Admin. R. Ann. Puc 902.06 Customer’s Own Electricity Requirements

“Customer’s Own Electricity Requirements” shall include the electricity consumed in conjunction with or to operate the facility.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.07 Default Service

“Default Service” means energy supply services provided by a distribution utility which includes a rural electric cooperative for which a certificate of deregulation is on file with the commission, but does not include alternative default service provided by a municipal or county aggregator under RSA 53-E.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.06)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.07)

N.H. Code Admin. R. Ann. Puc 902.08 Distribution Utility

“Distribution Utility” means the company that owns and/or operates the distribution facilities delivering electricity to the customer-generator’s premises, and includes a rural electric cooperative for which a certificate of deregulation is on file with the commission.

History

#9515, eff 7-18-09; ss by #9998, eff 9-20-11 (from Puc 902.05); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.07)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.05)

N.H. Code Admin. R. Ann. Puc 902.09 Electric Utility Customer

“Electric Utility Customer” as used in the definition of “customer-generator” means any retail ratepayer of a distribution utility.

History

#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.08)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.06)

N.H. Code Admin. R. Ann. Puc 902.10 Electricity Suppliers

“Electricity Suppliers” means “electricity suppliers” as defined in RSA 374-F:2, II, namely “suppliers of electricity generation services and includes actual electricity generators and brokers, aggregators, and pools that arrange for the supply of electricity generation to meet retail customer demand, which may be municipal or county entities.”

History

#9998, eff 9-20-11 (from Puc 902.06); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 902.09) ; ss by #13080, eff 9-14-20 (formerly Puc 902.07)

N.H. Code Admin. R. Ann. Puc 902.11 Eligible Fuel

“Eligible Fuel” means “eligible fuel” as defined in RSA 362-A:1-a, II-c, namely, “natural gas, propane, wood pellets, hydrogen, or heating oil when combusted with a burner, including air emission standards for the device using the approved fuel.”

History

#9998, eff 9-20-11; ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.09)
#10757, eff 1-8-15 (from Puc 902.10); ss by #13080, eff 9-14-20 (formerly Puc 902.08)

N.H. Code Admin. R. Ann. Puc 902.12 End-User Customer

“End-User Customer” means any person or entity that purchases electricity supply at retail in New Hampshire from another person or entity, with the exception of a generating facility taking station service at wholesale from the regional markets administered by ISO New England, Inc. or its successor independent system operator or regional market administrator.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.13 Facility

“Facility” means the electricity generating equipment, powered by renewable energy or that employs a heat led combined heat and power system, interconnected with the electric distribution system through any one retail meter or more than one retail meter, installed or to be installed in accordance with Puc 903.03.

History

#9998, eff 9-20-11 (from Puc 902.08); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.10)
#10757, eff 1-8-15 (from Puc 902.12); ss by #13080, eff 9-14-20 (formerly Puc 902.09)

N.H. Code Admin. R. Ann. Puc 902.14 Federal Poverty Guidelines

“Federal Poverty Guidelines” means the federal poverty guidelines updated periodically in the federal register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. §9909(2).

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.15 Generating Capacity

“Generating Capacity” means, for inverter-based units, the maximum generating capacity alternating current kilowatt rating of the inverters, and for other interconnections, the nameplate capacity kilowatt rating of the generating facility.

History

#9998, eff 9-20-11 (from Puc 902.09); ss by #10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 902.14); ss by #13080, eff 9-14-20 (formerly Puc 902.10)

N.H. Code Admin. R. Ann. Puc 902.16 Group

“Group” means one or more members who are customers of the same distribution utility who have signed an agreement with a host as required by RSA 362-A:9, XIV. A group can include a host and a member that are the same entity or person.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.12)
#10757, eff 1-8-15 (from Puc 902.15); ss by #13080, eff 9-14-20 (formerly Puc 902.11)

N.H. Code Admin. R. Ann. Puc 902.17 Heat Led

“Heat Led” means “heat led” as defined in RSA 362-A:1-a, II-d, namely, “that the combined heat and power system is operated in a manner to satisfy the heat usage needs of the customer-generator.”

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.13)
#10757, eff 1-8-15 (from Puc 902.16); ss by #13080, eff 9-14-20 (formerly Puc 902.12)

N.H. Code Admin. R. Ann. Puc 902.18 Host

“Host” means a customer-generator that elects to assume the duties and obligations of RSA 362-A:9, XIV, who is, and who remains during the term of the agreement, a customer of the same distribution utility as the group.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.14)
#10757, eff 1-8-15 (from Puc 902.17); ss by #13080, eff 9-14-20 (formerly Puc 902.13)

N.H. Code Admin. R. Ann. Puc 902.19 Islanding

“Islanding” means a condition in which a portion of the utility system that contains both load and dispersed generation is isolated from the remainder of the utility system.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.15)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.14)

N.H. Code Admin. R. Ann. Puc 902.20 Large Customer-Generator

“Large Customer-Generator” means a customer-generator whose facility has a total maximum generating capacity greater than 100 kilowatts alternating current up to and including one megawatt.

History

#10757, eff 1-8-15 (from Puc 902.19); ss by#13080, eff 9-14-20 (formerly Puc 902.15)

N.H. Code Admin. R. Ann. Puc 902.21 Low-Moderate Income Community Solar Project

“Low-Moderate Income Community Solar Project” means “low-moderate income community solar project,” as defined in RSA 362-F:2, X-a, namely, “ground-mounted or rooftop solar arrays that directly benefit a group of at least 5 residential end-user customers, where at least a majority of the residential end-user customers are at or below 300 percent of the federal poverty guidelines.”

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.22 Member

“Member” means a customer of the same distribution utility as the host, who signs an agreement to be a member of a group under RSA 362-A:9, XIV, who remains a customer of the same distribution utility as the host during its membership in the group, and, except as provided in Puc 902.16, who is not a customer-generator.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.12)
#10757, eff 1-8-15 (from Puc 902.15); ss by, eff 9-14-20 (formerly Puc 902.16)

N.H. Code Admin. R. Ann. Puc 902.23 Net Energy Metering

“Net Energy Metering” means “net energy metering” as defined in RSA 362-A:1-a, III-a, namely, “measuring the difference between the electricity supplied over the electric distribution system and the electricity generated by an eligible customer-generator which is fed back into the electric distribution system over a billing period.”

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.13)
#10757, eff 1-8-15 (from Puc 902.16); ss by #13080, eff 9-14-20 (formerly Puc 902.17)

N.H. Code Admin. R. Ann. Puc 902.24 Non-Bypassable Charges

“Non-Bypassable Charges” means charges assessed on the full amount of electricity imports without any netting during the applicable billing period, including such charges as the system benefits charge, stranded cost recovery charge, and storm recovery surcharge.

History

#13030, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.25 Renewable Energy

“Renewable Energy” means electricity produced by renewable resources including geothermal, tidal or wave, wind, solar, landfill gas, hydro, biomass, bio-oil, bio-synthetic gas, and biodiesel resources.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.14)
#10757, eff 1-8-15 (from Puc 902.17); ss by #13080, eff 9-14 20 (formerly Puc 902.18)

N.H. Code Admin. R. Ann. Puc 902.26 Small Customer-Generator

“Small Customer-Generator” means a customer-generator whose facility has a total maximum generating capacity of not more than 100 kilowatts alternating current.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14 (from Puc 902.15)
#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 902.19)

N.H. Code Admin. R. Ann. Puc 902.27 Standard Net Metering Tariff

“Standard Net Metering Tariff ” means the net energy metering tariff provisions as specified in RSA 362-A:9, as applicable to customer-generators receiving a utility net metering capacity allocation prior to September 1, 2017 and not in excess of the net metering cap applicable prior to commission adoption of the alternative net metering tariff.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 902.28 Witness Test

“Witness Test” means the process used by the electric distribution utility following the interconnection of a customer-generator’s facility to determine whether the interconnection affects the safety, reliability, or power quality of the utility’s distribution system.

History

#10757, eff 1-8-15 (from Puc 902.19); ss by #13080, eff 9-14-20 (formerly Puc 902.28)

Part Puc 903 Conditions to Interconnection

N.H. Code Admin. R. Ann. Puc 903.01 General Rules, Rights, and Obligations

(a) Any distribution utility and any electricity supplier operating within the state of New Hampshire shall, upon request, provide net energy metering to customer-generators pursuant to Puc 900 and RSA 362-A:9.

(b) A distribution utility shall comply with Puc 900 in a non-discriminatory manner and shall not unreasonably withhold its permission to interconnect a customer-generator’s facility.

(c) Any electricity supplier operating within New Hampshire that is not the default service provider shall offer net metering pursuant to Puc 900, but may provide for rates and terms as provided in RSA 362-A:9, II and Puc 903.02(g).

(d) Any customer-generator who engages in net energy metering in New Hampshire shall comply with Puc 900.

(e) A customer-generator shall comply with:

(1) Applicable commission-approved rules, tariffs, and terms and conditions of the distribution utility not in conflict with Puc 900;

(2) Any local, state, or federal law, statute, rule, or regulation which applies to the design, siting, construction, installation, operation, or any other aspect of the customer-generator’s facility and associated interconnection; and

(3) Interconnection requirements of the distribution utility as set forth in its tariff on file with the commission.

(f) Interconnection with the distribution utility under Puc 900 shall not authorize a customer-generator to utilize the distribution utility’s electric distribution system for the transmission or distribution of electric power.

(g) The distribution utility shall have the right to review the design of a customer-generator’s facility and associated interconnection and to inspect such facility and interconnection prior to the commencement of facility operations.

(h) The distribution utility shall require a customer-generator to make modifications to its facility as necessary to comply with the requirements of Puc 900.

(i) The distribution utility’s review and authorization for operation shall not be construed as confirming or endorsing the customer-generator’s design or as warranting the safety, durability, or reliability of the facility or associated interconnection.

(j) The distribution utility shall not, by reason of such review or lack of review, be responsible for the strength, adequacy, or capacity of the facility’s equipment.

(k) A customer-generator’s facility and associated interconnection shall be reasonably accessible to the distribution utility’s personnel as necessary for the utility to perform its duties and exercise its rights under its tariffs and terms and conditions filed with and approved by the commission and under Puc 900.

(l) Any information pertaining to a facility and associated interconnection that is provided to a distribution utility by a customer-generator shall be treated by the utility in a confidential manner.

(m) A customer-generator shall operate and maintain its facility and associated interconnection in a manner that is safe and reliable.

(n) A customer-generator shall be responsible for all costs associated with interconnection of the customer-generator’s facility to the distribution system, as provided under RSA 362-A:9, XIII.

History

#2050, eff 6-13-82; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 903.02 Statutory and Other Requirements

(a) Electric distribution utilities shall make net energy metering available to customer-generators, pursuant to RSA 362-A:9 and Puc 900.

(b) Eligibility for net energy metering shall be available on a first-come, first-served basis within each distribution utility service area under the jurisdiction of the commission, provided that the standard net metering tariff provisions are available only until the total rated generating capacity owned and operated by customer-generators within the respective utility service area exceeds the following amounts:

(1) Liberty Utilities (Granite State Electric) Corp. d/b/a Liberty Utilities, 8.74 MW;

(2) New Hampshire Electric Cooperative, Inc., 3.16 MW;

(3) Public Service Company of New Hampshire d/b/a Eversource Energy, 75.38 MW; and

(4) Unitil Energy Systems, Inc., 12.72 MW.

(c) No more than 4 MW of such total rated generating capacity eligible for the standard net metering tariff throughout New Hampshire shall be from combined heat and power systems.

(d) A large customer-generator subject to the alternative net metering tariff shall be eligible for net energy metering only if at least 20 percent of the actual or estimated annual electricity generation from its facility is consumed behind-the-meter, unless it has registered as a group host under RSA 362-A:9, XIV and Puc 909.

(e) Customer-generators subject to the standard net metering tariff may switch to the alternative net metering tariff upon written notice to the distribution utility, but any such customer-generators shall not return to the standard net metering tariff terms once they have switched. Any such customer-generators that switch to the alternative net metering tariff shall be grandfathered pursuant to RSA 362-A:9, XVI and commission order 26,029.

(f) Metering shall be done in accordance with normal metering practices as follows:

(1) Except as provided for in (3) and (5) below, small customer-generators subject to the standard net metering tariff shall have a single net meter that internally measures the inflow and outflow of electricity such that the net electricity usage or production can be periodically read, and the small customer-generators shall not be required to pay for the installation of that meter;

(2) Large customer-generators shall have a bi-directional metering system that records the total amount of electricity that the customer receives from the distribution utility and the total amount of electricity exported. Such meter shall record measurements instantaneously or over intervals of an hour or less. Large customer-generators shall pay for the installation of the bidirectional metering system;

(3) A distribution utility may install an additional meter or meters to monitor the flow of electricity in each direction for a small customer-generator subject to the standard net metering tariff, provided that it is not at the expense of the small customer-generator, unless the additional metering is requested by the small customer-generator;

(4) A distribution utility may install a net meter that measures energy usage or production at intervals of an hour or less, provided that it is not at the expense of the small customer-generator unless the interval meter is requested by the small customer-generator;

(5) If the output of the customer-generator’s facility will be measured for the purposes of recording renewable energy output under RSA 362-F, a second meter measuring the production of electricity from the facility may be installed at the customer-generator’s expense, except as otherwise provided in (8) below;

(6) If an additional meter or meters are installed, as described in (3) or (5) above, or (8) below, the net energy metering calculation shall yield the same result as when a single meter is used, pursuant to RSA 362-A:9;

(7) Small customer-generators subject to the alternative net metering tariff shall have bi-directional meters installed to record in separate channels the quantities of electricity imports from the distribution utility system and electricity exports to the distribution utility system over a billing cycle; and

(8) If, at the time of interconnection, a small customer-generator subject to the alternative net metering tariff requests that the distribution utility install a second utility-owned meter measuring the production of electricity from the facility, the utility shall install such a production meter at no cost to the customer-generator. The small customer-generator shall provide and install a meter socket in a physical location acceptable to the utility.

(g) A customer-generator shall be billed for electricity under the same rate schedule that such customer-generator would be billed if it had no generation.

(h) Competitive electricity suppliers registered under RSA 374-F:7 and Puc 2000 may voluntarily determine the terms, conditions, and prices under which they shall agree to provide electric energy supply to, and purchase net electric energy output from, customer-generators.

(i) Pursuant to RSA 362-A:9, the following shall apply to net energy metering for small customer-generators subject to the standard net metering tariff and billed on a rate schedule that is not time-based:

(1) The net electricity received or exported over a billing period shall be measured in accordance with normal metering practices;

(2) Charges that are not based on kilowatt-hours, including the customer charge and demand-based charges, shall be billed in accordance with the applicable rate schedule;

(3) If the electricity received by the customer-generator from the distribution system exceeds the electricity exported to the distribution system by the customer-generator during the billing period, the customer-generator shall be billed based on the net energy received in accordance with the applicable rate schedule, net of any credits pursuant to (5) a. below;

(4) If the electricity exported to the distribution system by the customer-generator exceeds the electricity received from the distribution system over the billing period:

a. The surplus electricity exported to the distribution system shall be calculated by subtracting the kilowatt-hours received from the distribution system from the kilowatt-hours exported to the distribution system over the billing period; and

b. The distribution utility shall use zero kilowatt-hours when calculating all charges that are based on kilowatt-hour usage;

(5) If the electricity exported to the distribution system by the customer-generator exceeds the electricity received from the distribution system over any billing period, the customer-generator shall be:

a. Credited over subsequent billing periods for the surplus electricity exported to the distribution system and all associated kilowatt-hour-based charges; or

b. For default service customers, if the surplus electricity production exceeds 600 kilowatt-hours, the customer-generator may elect, on an annual basis, to receive a payment from the distribution utility equal in amount to the economic value of accumulated surplus as calculated pursuant to (n) below; and

(6) Customer-generators subject to the standard net metering tariff shall be grandfathered pursuant to RSA 362-A:9, XV and commission order 26,029.

(j) The following shall apply to small customer-generators subject to the alternative net metering tariff:

(1) The net electricity received or exported over a billing period shall be measured in accordance with normal metering practices;

(2) Charges that are not based on kilowatt-hours, including the customer charge and demand-based charges, shall be billed in accordance with the applicable rate schedule;

(3) Non-bypassable charges shall be assessed based on the full amount of electricity received from the distribution system without any netting of electricity exports over the billing period;

(4) If the electricity exported to the distribution system by the customer-generator exceeds the electricity received from the distribution system over the billing period:

b. The distribution utility shall use zero kilowatt-hours when calculating all charges, except non-bypassable charges, that are based on kilowatt-hour usage;

a. Receive a monetary bill credit for net electricity exports over the billing period calculated at 25 percent of any distribution charges assessed on a per-kilowatt-hour basis, any transmission charges assessed on a per kilowatt-hour basis, and, for default service customers, the default service rate assessed on a per kilowatt-hour basis;

b. Carry forward the monetary credits to subsequent billing periods until used; and

c. Elect to receive a payment from the distribution utility, on an annual basis, equal to the amount of the accrued monetary bill credit balance which exceeds $100 as of the end of the March billing period; and

(6) Customer-generators subject to the alternative net metering tariff shall be grandfathered pursuant to RSA 362-A:9, XVI and commission order 26,029.

(k) Pursuant to RSA 362-A:9, the following shall apply to net energy measurements for large customer-generators subject to the standard net metering tariff:

(1) The net electricity received or exported over a billing period shall be measured in accordance with normal metering practices;

(2) All charges that are not based on kilowatt-hours, including the customer charge and demand-based charges, shall be billed in accordance with the applicable rate schedule;

(3) If the electricity received by the customer-generator from the distribution system exceeds the electricity exported to the distribution system by the customer-generator over the billing period, the customer-generator shall be billed all applicable charges on all kilowatt hours received by the customer from the distribution system, less a credit on default service charges, for those customer-generators on utility default service, equal to the metered electricity exported to the distribution system over the billing period;

(4) If electricity exported to the distribution system by the customer-generator exceeds the electricity received from the distribution system over the billing period:

b. The distribution utility shall use zero kilowatt-hours when calculating all default service charges. The customer-generator shall be billed for all other applicable charges on all kilowatt-hours received by the customer from the electric distribution system;

(5) If the electricity exported to the distribution system by the customer-generator exceeds the electricity received by the customer-generator from the distribution system over any billing period, the customer-generator shall be:

a. Credited for surplus electricity exported to the distribution system over subsequent billing periods for default service charges only, for those customer-generators on utility default service; or

b. For default service customers, the customer-generator may elect on an annual basis to receive a payment from the distribution utility equal in amount to the economic value of the accumulated surplus as calculated pursuant to (n) below; and

(6) Large customer-generators subject to the standard net metering tariff shall be grandfathered pursuant to RSA 362-A:9, XV.

(l) The following shall apply to net energy measurements for large customer-generators subject to the alternative net metering tariff:

(1) The net electricity exported or received over a billing period shall be measured in accordance with normal metering practices;

(2) All charges that are not based on kilowatt-hours, including the customer charge and demand-based charges, shall be billed in accordance with the applicable rate schedule;

(3) If the electricity received by the customer-generator from the distribution system exceeds the electricity exported to the distribution system by the customer-generator over the billing period, the customer-generator shall be billed for all applicable charges on all kilowatt-hours received by the customer from the distribution system, less a credit on default service charges, for those customer-generators on utility default service, equal to the metered electricity exported to the distribution system over the billing period;

(4) If the electricity exported to the distribution system by a customer-generator on utility default service exceeds the electricity received from the distribution system over the billing period:

b. The distribution utility shall use zero kilowatt-hours when calculating all default service charges. The customer-generator shall be billed for all other applicable charges on all kilowatt-hours supplied to the customer from the electric distribution system;

c. Customers who receive default service shall receive a monetary bill credit for surplus electricity exported, calculated at the default service rate assessed on a per kilowatt-hour basis;

d The monetary credits shall carry forward to subsequent billing periods until used; and

e. If the monetary credit balance exceeds $100 as of the end of the March billing period, on an annual basis, the customer-generator may elect to receive a payment from the distribution utility; and

(5) Large customer-generators subject to the alternative net metering tariff shall be grandfathered pursuant to RSA 362-A:9, XVI and commission order 26,029.

(m) For customer-generators subject to the standard net metering tariff, on or before June 1 of each year, each distribution utility shall provide to customer-generators taking default service that have accumulated a surplus in excess of 600 kilowatt-hours at the end of their March billing cycle written notice that provides:

(1) The number of accumulated surplus kilowatt-hours;

(2) A statement that the customer-generator will continue to accumulate any net surplus unless it elects one of the following 2 options:

a. Receive a bill credit equal to the economic value of the applicable surplus; or

b. Elect payment by check of the economic value of the surplus;

(3) The capacity in kilowatts, if any, associated with such surplus generation, whether actual, pursuant to (n)(5) below, or estimated, pursuant to (n)(6) or (7) below, as applicable; and

(4) The average rate, expressed in dollars or cents per kilowatt-hour, that the energy component of such surplus will be valued at, the rate for the capacity value of such surplus, expressed in dollars or cents per kilowatt, and the total economic value of such surplus, expressed in dollar and cents.

(n) For customer-generators subject to the alternative net metering tariff, on or before June 1 of each year, each distribution utility shall provide to customer-generators that have accumulated monetary bill credits of $100 or more at the end of their March billing cycle written notice that provides:

(1) The total accumulated monetary bill credits;

(2) A statement that the customer-generator will continue to carry forward any net monetary bill credits unless it elects to receive payment by check; and

(3) A description of the process through which the customer-generator may elect to receive payment by check of the balance of such accumulated monetary bill credits.

(o) Unless an electric distribution utility elects otherwise as provided in (p) below, and except as may be provided otherwise pursuant to (v) below, the commission shall annually determine the rates for utility avoided costs for energy and capacity consistent with the requirements of the Public Utilities Regulatory Policy Act of 1978 (PURPA) (16 USC § 824a-3 and 18 CFR § 292.304) and as set forth below:

(1) On or before May 15 of each year, the commission shall publish on its website its calculation of the rates for avoided costs of energy and capacity for the previous year ending March 31, to be used by utilities to calculate the economic value of surplus net-metered generation for the previous year, which may be paid or credited to customer-generators subject to the standard net metering tariff, starting in the June billing cycle, along with supporting calculations, an explanation of assumptions and data sources, and estimated portions of annual surplus generated during the hour or hours used to calculate avoided capacity costs pursuant to (6) and (7) below, capacity factors, if actual hourly surplus generation data is not used for such calculation pursuant to (5) below;

(2) The rates for avoided energy costs shall be based on the short-term avoided energy costs for the New Hampshire load zone in the wholesale electricity market administered by ISO New England, Inc., consisting of the hourly real time locational marginal price (LMP) of electricity plus generation-related ancillary service charges, all adjusted for the average line loss in New Hampshire between the wholesale metering point and the retail metering point;

(3) The rate for the avoided generation related capacity costs shall be based on the applicable ISO New England, Inc. Forward Capacity Market (FCM) price for the power year most closely matching the 12 months ending in the March billing cycle. The avoided FCM price shall be adjusted to account for any peak energy rent payments made from the energy market that reduce direct capacity costs charged to load and for average line loss in New Hampshire between the wholesale metering point and the retail metering point. Such adjusted price shall be used to determine the rate for avoided capacity costs in dollars per kilowatt to be used by utilities to calculate the value of generation capacity associated with surplus generation on a customer-by-customer basis. If there is more than one hour in each power year on which ISO New England, Inc. allocates FCM costs to load, the commission shall structure the rate proportionally to ISO New England, Inc.’s allocation of such costs;

(4) In determining the customer-specific value of avoided capacity costs, each utility shall multiply the quantity (in kilowatts) of each customer-generator’s surplus generation exported to the distribution system at the hour or hours of capacity peak with respect to which FCM costs are allocated to load, whether actual, pursuant to (5) below, or estimated, pursuant to (6) or (7) below, as applicable, by the rate or rates determined by the commission pursuant to (1) and (3) above;

(5) If hourly meter data is available for a customer-generator’s net meter and the utility has the technical capability to utilize that data for avoided cost calculations, the utility, at its election by written notice to the commission on or before June 1 of each year, shall calculate the value of avoided capacity costs or avoided energy costs, or both, for each such customer-generator using actual hourly surplus generation data. The value of avoided energy costs shall be individually calculated by weighting the actual avoided energy costs for each hour of the 12 months ending the immediately preceding March 31, as determined by the commission pursuant to (1) and (2) above, by the actual hourly surplus electricity exported to the distribution system in each hour for the same period to determine a customer-specific average rate for the energy value of net surplus generation;

(6) For all types of net-metered systems other than solar photovoltaic (PV) systems, and for which actual hourly data is not utilized pursuant to (5) above:

a. The rate for avoided energy costs shall be calculated by using a simple average of hourly cost data from ISO New England, Inc. for the 12 months ending the immediately preceding March 31, assuming that surplus generation is, on average, equally distributed over all hours of the year; and

b. The portion of surplus generation estimated to be produced during the hour or hours of capacity peak on which FCM costs are allocated to load shall be equal to the number of such hours divided by 8,760;

(7) For net-metered PV systems for which actual hourly data is not utilized pursuant to (5) above, the rate for avoided energy costs shall be calculated as a weighted average annual rate by weighting the actual avoided costs for each hour of the 12 months ending the immediately preceding March 31 by the hourly generation output profile for PV systems in New Hampshire determined as follows:

a. If verifiable hourly generation output data is available and on file at the commission by April 5 for the applicable year from at least 25 kilowatts of PV system capacity operating within New Hampshire, then the output profile for PV systems shall be the hourly average of all such data; or

b. If such data is not available, the hourly generation output profile shall be the modeled hourly PV performance data output produced by the U.S. Department of Energy, National Renewable Energy Laboratory, PVWatts software, version 6.1.2, (available at https://pvwatts.nrel.gov/ ) with the default settings for Concord, New Hampshire; and

c. The portion of surplus generation estimated to be produced during the hour or hours of capacity peak on which FCM costs are allocated to load shall be in the same proportion as the output profile utilized pursuant to (7) a. or b. above.

(p) To correct an error in its determination of avoided costs, the commission shall, on its own motion, the motion of a utility, or the motion of a third party, revise its determination of rates for avoided costs and capacity factors as necessary. Any amounts paid or credited at the originally published rates and capacity factors shall be subject to reconciliation by the revised rates and factors.

(q) Annually, by written notice to the commission on or before June 1 of each year, each electric distribution utility may elect, by filing notice with the commission, to purchase or value surplus generation from customer-generators subject to the standard net metering tariff for the preceding year ending in the March billing cycle at a rate that is equal to the energy supply component of the applicable default service rate, instead of the avoided cost rates determined by the commission pursuant to paragraph (n) above, provided that payment is issued to such customer-generators at least as often as whenever the value of such credit, in excess of amounts owned by the customer-generator, is greater than $50.

(r) Upon termination of net energy metering, there shall be no payment or credit to a customer-generator subject to the standard net metering tariff for any remaining excess generation.

(s) For customer-generators subject to the alternative net metering tariff, upon termination of net energy metering the utility shall pay to such customer-generators an amount equal to the accumulated balance of any monetary bill credits.

(t) The commission shall waive any provision of Puc 900 or RSA 362-A, by order after notice and an opportunity for a hearing, if it determines that waiver of the applicable statute or rule section is a targeted net energy metering arrangement that is part of a utility strategy to minimize distribution costs, pursuant to RSA 362-A:9.

(u) The commission shall consider any request for a waiver, whether filed pursuant to (s) above or otherwise, pursuant to Puc 201.05.

(v) A distribution utility may perform an annual calculation to determine the net effect of net metering on its default service and distribution revenues and expenses in the prior calendar year. Pursuant to Puc 203, the commission shall determine by order, after notice and hearing, the utility-specific method of performing the calculation and applying the results, as well as a reconciliation mechanism to collect or credit any such net effects with appropriate carrying charges and credits applied.

(w) Pursuant to Puc 203, upon petition by a utility or on its own motion, the commission shall, by order, after notice and hearing, establish on a utility-specific basis a methodology by which customer-generators shall be provided service under time-based net energy metering tariffs, provided that it determines the resulting rates are just and reasonable and in accordance with RSA 362-A:9, VIII.

(x) Renewable energy certificates associated with the customer-generator’s facility shall remain the property of the customer-generator until such certificates are sold or transferred.

(y) The following grandfathering provisions shall apply to customer-generators subject to either the standard net metering tariff or the alternative net metering tariff:

(1) Subsequent sales or other transfers of ownership of a net-metered facility or the property upon which the facility is located shall not affect the terms and conditions under which the customer-generator is rendered net metering service. New owners may continue to take service under the same terms and conditions in effect at the time of such sale or transfer and grandfathered pursuant to RSA 362-A:9, XV, RSA 362-A:9, XVI, and commission order 26,029. Following that date, the new owners shall transition to tariffs that are in effect at the time, provided that the facility is not moved to a different location by the purchaser, transferee, or otherwise;

(2) Residential small customer-generators may expand the capacity of their facilities without limitation, provided that the expansion does not result in total facility capacity in excess of 100 kilowatts, and remain subject to the same applicable net metering tariff;

(3) A non-residential small customer-generator may expand the capacity of its facility by an amount up to the greater of either 20 kilowatts or 50 percent of the system capacity allocated into the standard net metering tariff program prior to September 1, 2017, or 50 percent of the original capacity of a facility installed under the alternative net metering tariff, as applicable, provided that in neither case shall such expansion have the effect of increasing the facility’s capacity to an amount in excess of 100 kilowatts;

(4) A non-residential large customer-generator may expand the capacity of its facility by an amount up to the greater of either:

a. 50 kilowatts, or

b. a capacity amount such that the expanded facility is sized to produce 110 percent of the customer-generator’s annual kilowatt-hour on-site usage, as clearly demonstrated through the customer-generator’s documentation of any consecutive 12 months within the previous 2 years;

(5) No such expansion under (3) or (4) shall have the effect of increasing the facility’s capacity to a level in excess of one megawatt. Expansion of a net-metered facility by or for a non-residential customer-generator smaller than the applicable limitation shall allow the customer-generator to continue to be grandfathered under the applicable net metering tariff, while any such expansion in excess of the applicable limitation hall result in the entire net-metered facility losing its net metering grandfathered status under the applicable net metering tariff; and

(6) Any facility expansion or other modification shall be reported to the distribution utility within 30 days of expansion or modification, or earlier if so required under the utility’s distributed generation interconnection procedures.

History

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 903.03 Where Multiple Projects Are Deemed a Single Facility

(a) Except as otherwise provided in (c) below, projects consisting of electricity generating equipment powered by an eligible renewable energy source or that employ a heat led combined heat and power system, and located behind separate retail meters, shall be deemed to be one facility for purposes of net metering eligibility if the projects are owned by the same person or entity or an affiliate of said person or entity and are located on the same parcel of land or adjacent and contiguous parcels of land, unless each of the following conditions applies:

(1) Each project is located on a separate parcel of land;

(2) The property boundaries of each parcel of land have not been subdivided, modified, or otherwise altered within the 10 years immediately preceding the submission of a project interconnection request to the distribution utility;

(3) Each project is owned by a separate individual or by a separate corporation, limited liability company, or other legal entity; and

(4) Each project is interconnected with the utility distribution system through a separate interconnection point and with a separate meter.

(b) The restrictions set forth in (a) above shall apply to two or more projects notwithstanding any phased approach to development or different construction schedules for such projects.

(c) Multiple projects located on the same or adjacent and contiguous parcels of land, when such projects are owned by the same person or entity or an affiliate of said person or entity and are interconnected behind separate retail electricity meters, shall be considered separate facilities if each such project is being or has been developed:

(1) Such that not less than 50 percent of the annual generation output is to serve the on-site load of existing or new retail electric customers;

(2) To participate in a different electric generation program, such as net metering, direct producer-to-consumer retail sales of electric power, or wholesale sales of electric power;

(3) Using a solar photovoltaic system that is limited in size to that which will fit on the roof and exterior envelope of the building or buildings served by the retail electricity meter through which the system is interconnected to the electric distribution system; or

(4) Using distinct and different electricity generating technologies and equipment that can be operated independently.

(d) As used in this section, “affiliate” means any of the following:

(1) Any person or entity that directly or indirectly owns, controls, or holds with power to vote a majority of the outstanding voting securities or such minority thereof as to give such person substantial control of another person or entity;

(2) Any person or entity that is directly or indirectly owned, controlled, or held by any person or entity described in (1) above through either power to vote a majority of the outstanding voting securities or such a minority so as to maintain substantial control of such person or entity;

(3) Any person or entity with which another person or entity has a management or service contract or arrangement that provides such person or entity with effective control over the management, supervision, or operation of the other person or entity; or

(4) Any person or entity who or which actually exercises effective control over the management, supervision, or operation of another person or entity.

History

#13080, eff 9-14-20

Part Puc 904 Interconnection Application Process

N.H. Code Admin. R. Ann. Puc 904.01 Pre-Application Review

(a) Before purchasing or installing net energy metering equipment, a customer-generator may request that the distribution utility informally review the proposed project and provide information on:

(1) Whether the customer-generator’s facility and electric distribution system interface, in the opinion of the distribution utility, is likely to comply with the requirements of Puc 900; and

(2) Whether the customer-generator is in an area or service location which is likely to require any upgrade or study.

(b) At the pre-application stage, the distribution utility shall provide the customer-generator its best evaluation, given the information it has available, but shall not be required to conduct a study or extensive review of the proposed project.

`Puc 904.02 Interconnection Application.

(a) To initiate the process to engage in net energy metering, a customer-generator shall file with its distribution utility and, if applicable, its electricity supplier, an interconnection application.

(b) When filing an application with the distribution utility, to obtain evidence of the filing and the date of filing, the applicant shall:

(1) File the application by certified mail;

(2) Obtain a dated acknowledgment of receipt from the distribution utility; or

(3) Obtain written or electronic verification of receipt from the distribution utility by other means consistent with (1) and (2) above.

(1) Applicant information which shall include:

a. The customer-generator’s name;

b. The customer-generator’s full mailing address;

c. The facility location, if different from the address listed pursuant to b. above;

d. The customer-generator’s daytime and evening telephone numbers;

e. The information provided in a., b., and d. above for an alternative contact person when the customer-generator is unavailable;

f. The name of the local distribution utility and the customer-generator’s account number; and

g. If different than the distribution utility, the name of the customer-generator’s electricity supplier and the customer-generator’s account number with that supplier;

(2) Generating facility information, including:

a. The generator type, whether solar, wind, hydroelectric, or other renewable energy source used to generate electricity, as listed in RSA 362-F:4, I (a) through (k);

b. The generator manufacturer, model name, and model number;

c. The number of phases of the unit, whether single or 3-phase;

d. The power rating of the generation output of the system in kilowatts;

e. If applicable, the inverter manufacturer, model name, and model number;

f. Whether or not a storage system will be used in connection with the facility; and

g. Whether an exterior manual disconnect switch for utility use shall be installed, if the capacity size of the facility is less than or equal to 10 kilowatts; and

(3) Installation information and certification, which shall include:

a. Whether the generator will be installed by the owner;

b. The installation date;

c. The anticipated interconnection date;

d. The name, complete address, telephone number, and license number of the installing electrician, if applicable;

e. The name and company affiliation of the vendor selling the generator to the customer-generator;

f. The signature, with the date of signature, of the vendor, certifying that the facility hardware is in compliance with Puc 900;

g. Certification, if applicable, that the facility has been installed in compliance with the local municipal building and electrical codes in the form of:

A signed and dated certificate by the applicable local code official; or
A copy of a signed and dated final inspection certificate from the municipality;

h. A signed and dated certification by the customer-generator that:

The customer-generator has installed and shall operate the generation system in compliance with applicable electrical standards;
The initial start-up test required by Puc 905.04 has been successfully completed; and
To the best of the customer-generator’s knowledge, all of the information contained in the interconnection notice is true and correct; and

i. Any information provided under Puc 904.01.

(d) A customer-generator may submit an interconnection application to its distribution utility when the customer-generator’s facility has not been fully installed and tested, but shall:

(1) Provide in writing in connection with the interconnection application, a description of any manner in which the facility is not fully connected and tested, or is not yet otherwise in compliance;

(2) Fulfill any unmet requirements prior to interconnection of the facility; and

(3) Upon completion of any unmet interconnection requirements, provide the distribution utility with any necessary updated written certifications required by this part.

(e) The distribution utility shall not interconnect the facility until all requirements pursuant to (c) and (d) above have been met.

(f) Upon request, the distribution utility shall provide to the customer-generator written confirmation that the interconnection application has been received and the date of receipt as follows:

(1) If the application is filed in person, immediately; or

(2) If the application is filed by mail or other means, within 10 business days of receipt, with written acknowledgement that states that:

a. The application is complete; or

b. That the application is incomplete and specifying the information necessary to complete the application requirements.

(g) When the distribution utility provides a receipt for an application, it may clarify that the receipt acknowledges the date and fact of a filing, but not approval of the filing.

History

#2050, eff 6-13-82; ss by #2404, eff 6-28-83; ss by #2912, eff 11-26-84; EXPIRED 11-26-90
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20
INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 904.03 Mutual Indemnity Provision

(a) Unless both parties to the agreement have agreed, pursuant to (g) below, to not enter into or maintain the mutual indemnity agreement, prior to interconnection, the customer-generator, his or her distribution utility, and, if applicable, the customer-generator’s electricity supplier, shall:

(1) Execute the mutual indemnity agreement described in (b) below; and

(2) Maintain the terms of the agreement while the net energy metered unit is interconnected.

(b) With regard to the mutual indemnity agreement, each party to the agreement shall provide as follows:

(1) Each party shall hold harmless and indemnify the other party, and its directors, officers, agents and employees, from and against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense, but not including attorneys’ fees unless awarded by a court of competent jurisdiction, for injury or death to persons, including employees of either party, and damage to property, including property of either party, arising out of or in connection with intentional, willful, wanton, reckless, or negligent conduct regarding:

a. The engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection, or ownership of the party’s facilities; or

b. Any replacements, additions, or improvements to, or reconstruction of, the party’s facilities;

(2) Neither party shall be indemnified by the agreement for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct; and

(3) Notwithstanding the indemnity provisions contained in the agreement, except for a party’s willful misconduct or sole negligence, each party shall be responsible for damage to its own facilities resulting from electrical disturbances or faults.

(c) The mutual indemnity agreement shall become effective, as between the respective parties executing and exchanging the document, upon interconnection of the customer-generator’s facility to the electric distribution system and mutual execution and exchange of the document by the distribution utility, the customer-generator, and, if applicable, the electricity supplier.

(d) The distribution utility shall also execute the mutual indemnity agreement described in this section.

(e) The customer-generator, distribution utility, and, if applicable, the electricity supplier, shall each execute duplicate originals of the mutual indemnity agreement described in (b) above and each party to the agreement shall retain one executed original of the agreement.

(f) If an electricity supplier sells electric power to the customer-generator, it may require that the customer-generator enter into a mutual indemnity agreement with it, as described in this section.

(g) Notwithstanding (c) through (f) above, the customer-generator and the distribution utility with which the customer-generator interconnects, and the electricity supplier of the customer-generator, separately or together, may at any time, by mutual agreement, elect not to enter into or to void the indemnity agreement described in (b) above.

(h) The provisions of the indemnity agreement described in this section shall not be construed to relieve any insurer of its obligation to pay any insurance claims in accordance with the provisions of any valid insurance policy.

History

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 904.04 Application Completeness Review

(a) The interconnection process shall be deemed to have commenced when the customer-generator submits a complete application pursuant to this part.

(b) The distribution utility shall evaluate the application for completeness and notify the customer-generator in writing within 10 business days of the application’s receipt whether the application is or is not complete and, if the application is not complete, inform the customer-generator in writing of any information required to be provided to complete the application.

(c) The distribution utility shall verify that the customer-generator’s facility equipment meets the requirements of Puc 905.

(d) If the distribution utility approves the application, the distribution utility shall sign the application and return the approved application to the customer-generator.

(e) If the distribution utility determines that interconnection of the customer-generator’s facility would jeopardize the safety, reliability, or power quality of the local distribution system, the distribution utility shall require the customer-generator to pay for necessary modifications to the distribution system before the application is approved.

(f) In the event that the distribution utility requires the customer-generator to pay for system modifications pursuant to (e) above, the distribution utility shall provide to the customer-generator a description of work and an estimate of the cost to complete that work.

(g) If the customer-generator agrees to pay for the system modifications, the customer-generator shall sign the description of the work and submit a signed copy and the payment of the estimated costs to the distribution utility.

(h) Upon receipt of the customer-generator’s approval and payment, the distribution utility shall perform the system modifications.

(i) Upon completion of the system modifications, the distribution utility shall sign the application approval and provide a copy of the signed approval to the customer-generator.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 904.05 Installation and Interconnection of Facility

(a) Upon receipt of an application signed by the distribution utility, the customer-generator may install the generating facility.

(b) Following installation of the facility, the customer-generator shall arrange for inspection of the completed installation by the local building inspector or, if one is not available, a New Hampshire licensed electrician.

(d) If the facility was installed by an electrical contractor, the customer-generator shall also have the contractor complete a certificate of completion.

(e) When the customer-generator has obtained the certifications required pursuant to (c) and (d) above, the customer-generator shall provide to the distribution utility a copy of the certificate(s) of completion.

(f) Following receipt of the certificate(s) of completion, the distribution utility may inspect the customer-generator’s facility for compliance with interconnection standards by arranging for a witness test.

(g) Until a witness test has been performed, the customer-generator shall not operate in parallel with the electric distribution system, unless a witness test has been previously waived by the distribution utility on the application form.

(h) If the distribution utility elects to conduct a witness test, the distribution utility shall attempt to conduct it within 10 business days of the receipt of the certificate(s) of completion.

(i) All projects larger than 10 kilowatts shall be subject to a witness test, unless the distribution utility has waived the witness test on the application form.

(j) If the witness test shows that the facility has been correctly installed and is functioning without jeopardizing the safety, reliability, or power quality of the distribution system, the distribution utility shall notify the customer-generator in writing that the interconnection is authorized.

(k) If the witness test results indicate that the facility installation jeopardizes the safety, reliability, or power quality of the distribution system, the distribution utility shall disconnect the facility, provided that the distribution utility informs the customer-generator in writing of the specific actions are required to address the safety, reliability, or power quality issues as necessary to permit approval of the facility interconnection.

(l) If the customer-generator does not substantially complete construction of the facility within 12 months after receiving application approval from the distribution utility, the distribution utility shall require the customer-generator to reapply for interconnection.

(m) With respect to any facility with a capacity size up to 25 kilowatts that does not interface with the electric distribution system by means of an inverter, the distribution utility shall have a period of 75 days from the initial filing of the interconnection application to:

(1) Assess the proposed facility and the customer-generator’s site characteristics;

(2) Communicate with the customer-generator regarding adequate protective interface devices; and

(3) Allow the applicant to interconnect or provide to the customer-generator specific written reasons for objecting to interconnection of the facility.

(n) If the customer-generator and the distribution utility agree that the application reasonably requires more time before the distribution utility responds as provided in (m) above, as applicable, they may agree to extend the deadline for response.

(o) Except as provided in (n) above, if the distribution utility is not able to respond to the applicant within the 10-day review period for inverter-based systems or the 75-day review period for non-inverter-based facilities, and the customer-generator does not agree to an extension of the response time, the distribution utility shall:

(1) Notify the commission and the customer-generator in writing no later than the expiration of the relevant period;

(2) Petition the commission for an extension of a specified time period; and

(3) Cite the specific reasons why the deadline was not met and the basis for the length of the requested extension.

(p) The commission shall grant an extension for review of the application for the shortest time reasonable, if any, if it determines that it is necessary to provide the distribution utility additional time to assess the effect of the proposal on safety, reliability, or power quality of the electric distribution system in light of:

(1) The complexity of the characteristics of the site;

(2) The complexity of the proposed generation and interconnection facilities; or

(3) Delay occasioned by:

a. Failure of the customer-generator to timely provide to the distribution utility information necessary to assess the potential impact of the system on safety, reliability or power quality of the electric distribution system;

b. Untimely response by the customer-generator to the distribution utility in response to a distribution utility request for information; or

c. Circumstances beyond the control of the distribution utility that prevent the utility from responding within the time limits established by this section.

(q) The distribution utility shall notify the customer-generator as soon as reasonably possible, but not later than 30 days following the filing of an application for interconnection of a facility, of any required information not included in the customer-generator’s interconnection application that the customer-generator has indicated is complete.

(r) If the distribution utility has not met the applicable deadline for responding to a completed application pursuant to (m) above and has not petitioned for an extension pursuant to (o) and (p) above, the customer-generator may:

(1) Contact the distribution utility and the commission and request resolution; or

(2) File a complaint with the commission.

(s) Prior to operation, during normal business hours, the customer-generator shall:

(1) Provide the distribution utility the opportunity to inspect the facility; and

(2) Upon request, demonstrate to the distribution utility the operation of the facility.

(t) The distribution utility shall interconnect with any customer-generator which:

(1) Receives electric service from the distribution utility;

(2) Has completed the application process required by this section; and

(3) Has installed a net energy metering facility that complies with the interconnection and technical specification requirements of Puc 900.

(u) Facilities that meet the interconnection requirements of Puc 900 shall not be required by the distribution utility to meet additional requirements, perform or pay for additional tests, or pay additional interconnection-related charges, except as otherwise provided.

(v) Nothing in (u) above shall prohibit a party from requesting that the commission grant a rule waiver, pursuant to Puc 201.05, with respect to any net-metered facility, to require additional interconnection requirements, performance of or payment for additional tests, or payment of additional interconnection-related charges.

(w) A customer-generator, distribution company, or electricity supplier may install additional controls or meters or conduct additional tests, in addition to those required by Puc 900, but if entry to the customer-generator’s premises is necessary, it shall first obtain consent to access the premises pursuant to Puc 908.03.

(x) The expenses associated with any additional tests, meters, or equipment described in (w) above, shall be borne by the party requiring the additional tests, meters, or equipment.

(y) For facilities larger than 25 kilowatts, the distribution utility shall require a site-specific interconnection review that may require additional protective equipment and may exceed the 75-day time frame by up to an additional 60 days.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 904.06 Upgrades or Changes in the Net Metering Facility

(a) The customer-generator shall provide to the distribution utility a written update regarding any of the information required to be provided in the interconnection application as any such changes occur.

(b) The customer-generator shall re-certify to the distribution utility the applicable certifications required by Puc 904.05(c) and (d), if any of the following occurs:

(1) The generation capacity of the facility is increased or its source is changed;

(2) Any key component of the facility, such as the inverter, is replaced or upgraded; or

(3) The relays for a non-inverter facility are replaced, rewired, or upgraded.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09 (from Puc 904.05); ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 904.07 Insurance

The customer-generator shall not be required by the distribution utility or any electricity supplier to purchase or maintain property insurance or comprehensive personal liability insurance to protect against potential liability resulting from the installation, operation, or ownership of the generation and interconnection facility.

History

#9515, eff 7-18-09 (from Puc 904.06); ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

Part Puc 905 Technical Requirements for Interconnection of Facilities

N.H. Code Admin. R. Ann. Puc 905.01 Requirements for Disconnect Switches

(a) No facility which connects to the electric distribution system by means of a single-phase or 3-phase inverter that complies with Puc 906.01 shall be required to install and maintain a manual disconnect switch for utility use, unless:

(1) The customer-generator’s revenue meter is not routinely accessible to the utility;

(2) The facility uses multiple inverters connected in series; or

(3) The utility connection is through a transformer rated meter.

(b) For purposes of this section, a “transformer rated meter” means a meter panel or switchboard employing the use of potential and current transformers.

(c) If the distribution utility finds it necessary for scheduled maintenance of which the customer-generator has received reasonable notice, or in an emergency situation, to disconnect from the electric distribution system a customer-generator that does not maintain a manual disconnect switch for utility use, the utility may do so by:

(1) Pulling the customer-generator’s meter;

(2) Disconnecting the customer-generator’s service at the site transformer; or

(3) Executing any other reasonable method of disconnection.

(d) If the customer-generator has been notified of a scheduled maintenance or other event requiring disruption of service, as an alternative to having service disconnected, and upon agreement of the distribution utility, the customer-generator or its representative may be present at the scheduled time of disruption of service and demonstrate to the utility representative that generation has been isolated from the utility distribution system and remains isolated for the duration of the required period.

(e) If the customer-generator schedules a meeting with the distribution utility for disconnection of the facility, as described in (d) above, and the customer-generator does not meet at the scheduled time, the distribution utility may disconnect the service as provided in (c) above.

(f) If the customer-generator does not install a manual disconnect device accessible to the utility, the customer-generator:

(1) Shall assume all risks and consequences associated with the loss of power to the customer-generator’s premises during any period when the distribution utility is required to disconnect the customer-generator’s electric service; and

(2) Acknowledges that the service disconnection shall interrupt all electric service to the customer-generator’s facility site.

(g) Any customer-generator may agree to install a manual disconnect device accessible to the distribution utility.

(h) If the customer-generator elects not to install a disconnect switch for use by the distribution utility, the customer-generator shall install a warning label, to be provided by the distribution utility, on or near the service meter location.

History

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.02 Disconnect Switch

(a) For purposes of this section, a “gang-operated” switch means a switch in which the separate switches for each phase are operated as a group from a single control.

(b) A facility that elects to install a manual disconnect switch for utility use shall meet the following requirements:

(1) The disconnect switch shall be an external, manual, visible, gang-operated, load break disconnecting switch;

(2) The customer-generator shall purchase, install, own, and maintain the disconnect switch;

(3) The disconnect switch shall be located between the power-producing equipment and the interconnection point with the distribution utility system;

(4) The disconnect switch shall meet applicable standards established by Underwriters Laboratories, American National Standards Institute, the National Electrical Code, and the Institute of Electrical and Electronic Engineers;

(5) The disconnect switch shall be clearly marked, “Generator Disconnect Switch”, with permanent letters 3/8 inch or larger;

(6) The disconnect switch shall be located on the facility site at a location that is mutually agreeable to the customer-generator and the distribution utility;

(7) The disconnect switch shall be readily accessible for operation and locking by distribution utility personnel; and

(8) The disconnect switch shall be lockable in the open position with a standard padlock with a 3/8 inch shank.

History

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.03 Configuration of the Transformer Serving the Customer-Generator’s Facility Site

(a) The existing site transformer serving the customer-generator load may be used if its use will not significantly degrade the power quality or voltage regulation on the secondary distribution system and if such usage will not create problems for distribution utility system relaying.

(b) For single-phase distributed generation facilities connected to 4-wire multi-grounded neutral systems, the high side of the step-up transformer shall be connected phase-to-neutral.

(c) A phase-to-phase high side connection shall be allowed if it does not degrade power quality or voltage regulation on the distribution system.

(d) For single-phase distributed generation facilities connected to 3-wire or 4-wire impedance grounded systems, the step-up transformer high-side winding shall be connected phase-to-phase.

(e) For 3-phase distributed generation facilities connected to 4-wire multi-grounded distribution systems, the step-up transformer may be an existing grounded-wye to grounded-wye transformer. The term “wye,” as used in this paragraph, means the configuration in which one end of each transformer winding is connected to a common point and the other to its appropriate line terminal, resembling the letter "Y."

(f) In cases as described in (e) above, the generator shall be impedance grounded as necessary to achieve effective grounding but limit the desensitization of the distribution utility system ground fault relaying.

(g) The net-metered facility site shall be impedance grounded, as described in (f) above, if necessary, in a manner adequate to assure that the facility does not:

(1) Significantly degrade the power quality or voltage regulation on the distribution system;

(2) Create significant safety problems; or

(3) Create problems for distribution utility system relaying.

(h) To guard against over-voltages on the unfaulted phases of a 3-phase utility primary, if the transformer serving the customer-generator site is ungrounded, over-voltage protection shall be used to:

(1) Detect a situation in which the utility has tripped due to a phase-to-ground fault, and the connected ungrounded generator might not yet have tripped; and

(2) Trip the generator at high speed.

(i) The cost of any improvements necessary to the site transformer serving the net-metered facility shall be borne according to the distribution utility’s approved tariff on file with the commission.

History

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95
#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.04 Initial Testing

(a) After installation of the net-metered facility, and before final approval and interconnection to the electric distribution system, the customer-generator shall, in addition to the certification(s) required in connection with the interconnection application, conduct a load-break test on the facility, as described in (b) below, to confirm that the anti-islanding controls are functioning.

(b) When conducting a load-break test, the customer-generator shall demonstrate that, after the main disconnect switch or circuit breaker of the residence or building is opened, the net-metered facility shuts down within 2 seconds.

(c) If the generation unit fails to shut down within 2 seconds after conducting the test, as provided in (b) above, the customer-generator shall inform the distribution utility.

(d) The customer-generator shall provide an initial test on a non-inverter interfaced facility, by demonstrating that:

(1) The relays function as designed;

(2) The relays have been calibrated to settings as provided by the distribution utility pursuant to Puc 907.01(f);

(3) All key components of the facility function as designed; and

(4) The anti-islanding function of the facility works properly.

(e) The testing of the relays of a non-inverter interfaced facility shall be conducted by an individual who:

(1) Uses test equipment:

a. Necessary to adequately test the key components of the facility;

b. That is calibrated within tolerances sufficient to assure accurate testing; and

c. That is calibrated with a frequency consistent with industry standards;

(2) Has received the education and training necessary to conduct the sophisticated testing of relays and other components of a non-inverter based facility; and

(3) Maintains any professional accreditation or certification required to conduct such testing.

(f) The individual conducting the testing of a non-inverter-based facility required by this section shall, upon request, provide to the distribution utility information regarding his or her background and credentials, and equipment, maintenance, and calibration of the equipment sufficient to allow the utility to assess the individual’s competence to undertake the required testing.

(g) Upon request, the customer-generator shall allow the distribution utility to have a representative present for the initial or periodic testing required by this part.

History

#7424, eff 1-12-01; ss by, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.05 Periodic Testing

(a) With respect to a net-metered facility which interfaces with the electric distribution system by an inverter, the customer-generator shall, if requested to do so by the distribution utility, conduct a load-break test, as described in Puc 905.04(b), once per year after installation.

(b) With respect to a net-metered facility that does not interface with the electric distribution system by an inverter, the customer-generator shall:

(1) Conduct a load-break test, as described in Puc 905.04, once per year after installation; and

(2) Verify the proper calibration and protective function of the components and systems of the facility, which shall include the testing prescribed by each facility component manufacturer:

a. Once every 4 years or according to the schedule recommended by the manufacturer, whichever is more frequent, for facilities rated greater than 25 kilowatts; or

b. Once every 4 years for facilities rated 25 kilowatts or less.

(c) The testing of the calibration and protective function of the components and systems of a non-inverter interfaced system shall be conducted by an individual qualified as provided in Puc 905.04(e) and (f).

(d) The customer-generator shall:

(1) Create a written record of the dates and procedures for tests conducted pursuant to this section; and

(2) Maintain the written record of verification testing for inspection by the distribution utility for a period of 4 years from the date of each respective test.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.06 Studies and Analysis

(a) A distribution utility may conduct detailed load flow, voltage regulation, or short circuit coordination studies of the primary feeder if it determines that the addition of a net-metered facility will push the aggregate capacity of distributed generation on the feeder to the threshold level described in (b) and (c) below.

(b) The distribution utility may determine that the threshold of concern for aggregate distributed generation has been reached if:

(1) The lower of 7.5 percent of the peak feeder demand as measured at the substation or 20 percent of the peak feeder demand downstream of the point of interconnection is reached;

(2) More than one net-metered facility is proposed to be installed on the same secondary shared by many customers; or

(3) Any other reasonable means, consistent with (1) or (2) above, of determining that a study is necessary.

(c) The distribution utility shall determine that the threshold of concern for aggregate distributed generation has been reached, if it determines that the addition of the proposed net-metered facility poses a reasonable threat to the continued safety, reliability, or power quality to any significant portion of the electric distribution system.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 905.07 Payment for Upgrades or Improvements to the Electric Distribution System

If an upgrade or an improvement to the electric distribution system up to the customer-generator’s meter is necessary for the distribution utility to interconnect to the customer-generator’s net-metered facility, the expense shall be borne according to the utility’s approved tariff on file with the commission.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

Part Puc 906 Compliance Process for Inverter-Based Facilities

N.H. Code Admin. R. Ann. Puc 906.01 Inverter Requirements

(a) A net-metered facility that interconnects to the electric distribution system by means of a single-phase or 3-phase inverter shall be deemed to be compliant with the technical specifications for the facility itself, as established by Puc 900, if the facility complies with the minimum requirements set forth in the following national standards:

(1) The “IEEE Standard 1547 (2018) for Interconnecting Distributed Power Resources with Electric Power Systems” issued by the Institute of Electrical and Electronic Engineers, Inc., 445 Hoes Lane, Piscataway, New Jersey, available as specified in Appendix B; or

(2) The “UL 1741 SA, Standard for Inverters, Converters, Controllers with Interconnection System Equipment for Use with Distributed Energy Resources,” 2010, issued by Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062, available as specified in Appendix B.

(b) Each net-metered facility shall be installed in accordance with the State Building Code, including the National Electrical Code, pursuant to RSA 155-A:1, IV, as may be modified from time to time by the state building code review board pursuant to RSA 155-A:10, V.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

Part Puc 907 Compliance Process for Net-Metered Facilities Not Using an Inverter

N.H. Code Admin. R. Ann. Puc 907.01 Interconnection Requirements

(a) Except as provided in (b) below, any net-metered facility that interfaces with the electric distribution system by means other than an inverter shall:

(1) Meet the following safety and service quality requirements:

a. The facility shall not compromise the safety of the distribution utility personnel, the customer-generator, or other customers on the electric distribution system;

b. The facility shall have:

Adequate non-islanding protection;
Utility-grade protective devices to separate the facility from the electric distribution system, including:

(i) Time over-frequency protection;

(ii) Time under-frequency protection;

(iii) Time over-voltage protection; and

(iv) Time under-voltage protection;

Protection devices at the primary voltage level for ground fault and ground current contribution;
Adequate short circuit interrupting devices; and
Reliable power sources for shunt-tripped short circuit interrupting devices;

c. The generation facility shall not reduce the quality of service on the electric distribution system, including voltage fluctuations, excessive voltage, and current harmonic content; and

d. Facilities greater than 35 kilowatts shall certify that they comply with the standard for harmonics set forth in “IEEE Standard 1547 (2018) for Interconnecting Distributed Power Resources with Electric Power Systems” issued by the Institute of Electrical and Electronic Engineers, Inc., 445 Hoes Lane, Piscataway, New Jersey, available as specified in Appendix B;

(2) Interface with the electric distribution system in compliance with the following requirements:

a. The system shall synchronize with the primary voltage level on the distribution system;

b. The transformer winding connection to be used at the primary voltage interconnecting point shall be adequate to coordinate with the distribution system;

c. The generation facility shall synchronize with the electric distribution system; and

d. The generation facility shall correct the power factor, if necessary;

(3) Not impair the quality of service standards maintained by the electric distribution system;

(4) Provide other protections and devices necessary, consistent with the requirements of this section, to assure safety, quality of service, reliability, and power quality of the electric distribution system; and

(5) Use utility grade relays as required.

(b) A non-inverter-based system shall be installed in accordance with the National Electrical Code, 2017, issued by the National Fire Protection Association, Quincy, Massachusetts, available as specified in Appendix B.

(c) An applicant proposing to interconnect a net-metered facility to the electric distribution system shall provide to the distribution utility the following:

(1) The interconnection application form required by Puc 904.02;

(2) Alternating current (AC) and direct current (DC) elementary and schematic diagrams describing the planned protection package; and

(3) A one-line diagram of the net-metered facility showing how the system protection shall be wired.

(d) The customer-generator shall provide for testing of the relays of the net-metered facility once the settings have been applied to confirm that the settings perform the intended function.

(e) With respect to the testing of relays described in (d) above:

(1) The testing shall be conducted by an individual qualified to conduct testing as provided in Puc 905.04(e) and (f); and

(2) The customer-generator shall provide to the distribution utility the opportunity to:

a. Be present at and observe the testing; or

b. Conduct the testing of the relays by a qualified utility representative.

(f) If the customer-generator and the distribution utility cannot agree to the interconnection requirements, they shall file with the commission a detailed statement of their disagreement for review and determination by the commission.

(g) In determining interconnection requirements for a non-inverter-based facility, the commission shall consider safety, reliability, and power quality, in the context of the legislative intent of RSA 362-A:9.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

Part Puc 908 Procedural Requirements for Interconnected Facilities

N.H. Code Admin. R. Ann. Puc 908.01 Emergencies and Maintenance

(a) The customer-generator shall, during the period it operates as a customer-generator, provide to the distribution utility a current telephone number(s) at which the customer-generator shall be contacted.

(b) The distribution utility shall make arrangements for routine utility repairs or inspections that might involve the net-metered facility during normal business hours.

(c) The customer-generator shall not export electricity to the electric distribution system during any outages of the distribution system that serves the customer-generator.

(d) The customer-generator’s net-metered facility may be operated during outages referred to in (c) above only with an open tie to the distribution utility.

(e) The customer-generator’s net-metered facility shall not:

(1) Create an islanding situation on the electric distribution system; or

(2) Energize a de-energized utility circuit for any reason.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.02 Procedures for Disconnection

(a) When an emergency condition, as described in (b) below, exists and when it is necessary under the circumstances to do so, the distribution utility may disconnect the customer-generator’s net-metered facility and electric service.

(b) An emergency condition shall have occurred when the interconnection represents a condition which:

(1) Is likely to result in imminent significant disruption of service to the distribution utility’s customers;

(2) Is imminently likely to endanger life or property;

(3) Constitutes emergency or pre-emergency conditions on the utility system;

(4) Constitutes a hazardous condition; or

(5) Reveals that a protective device tampering has occurred on the customer-generator’s facility.

(c) The distribution utility may open the disconnect switch or disconnect the customer-generator’s service, as applicable, after notice to the customer-generator has been delivered and a reasonable time to correct the condition, consistent with the conditions, has elapsed, if:

(1) The customer-generator has failed to make available records of required verification tests, and, in the case of a non-inverter-interfaced facility, maintenance of its protective devices;

(2) The customer-generator’s net-metered facility impedes:

a. The normal use of distribution utility equipment or equipment belonging to other distribution utility customers in a negative manner; or

b. The normal quality of service of other customers in a negative manner; or

(3) The customer-generator’s net-metered facility has been modified so that it is not in compliance with Puc 900.

(d) When the customer-generator has corrected the problem and restored the net-metered facility to compliance with Puc 900 and notifies the distribution utility of such compliance, the utility shall:

(1) Within 2 business days provide:

a. Written verification to the customer-generator of such compliance; or

b. Written notice to the customer-generator of the specifics of any continued noncompliance; and

(2) When the system is in compliance, reconnect, or allow re-connection, as soon as possible under the circumstances.

(e) The customer-generator may reconnect the net-metered facility to the electric distribution system in coordination with the distribution utility, upon receipt of verification as provided in (d) above, if the customer-generator, upon the utility’s request or otherwise, disconnected itself from the distribution system.

(f) If the distribution utility disconnects the customer-generator’s net-metered facility as a result of one of the emergency conditions described in (b) above, it shall notify the customer-generator of the disconnection:

(1) Within 24 hours of the disconnection; or

(2) As soon as possible in circumstances where a widespread emergency or other significant extenuating circumstances preclude utility personnel contacting the customer-generator within the 24-hour period.

(g) If the emergency referred to in (a) above was not caused by the net-metered facility, then the distribution utility shall reconnect the facility upon cessation of the emergency.

(h) Notwithstanding any special notification and reconnection requirements for customer-generators established by this part, the distribution utility shall not be required to provide for special notification or reconnection for a customer-generator that differs from its usual and regular policies and protocols in a disconnection situation, if:

(1) The disconnection is not for reasons associated with the net-metered facility; and

(2) The distribution utility does not open the customer-generator’s disconnect switch or pull the customer-generator’s meter.

(i) If the emergency referred to in (a) above was caused by the net-metered facility, then the distribution utility shall communicate the nature of the problem to the customer-generator within 5 days, and attempt to resolve the issue with the customer-generator.

(j) Within 30 days of the disconnection referred to in (h) above, the distribution utility shall file a disconnection petition with the commission if the distribution utility and the customer-generator have not reached a mutually agreed-upon resolution.

(k) Non-emergency disconnections of the net-metered facility by a distribution utility shall follow the same process as emergency disconnections of such systems, except that the utility shall:

(1) Provide the customer-generator no less than 5 business days’ prior notice of the disconnection; and

(2) Describe in detail in the notice to the customer-generator the reasons for the disconnection.

(l) If the net-metered facility is not the reason for the disconnection, the distribution utility shall reconnect the system as soon as the activity, such as line maintenance, necessitating the disconnection, ceases.

(m) When a utility disconnects a customer-generator’s net-metered facility, the customer-generator may file a complaint with the commission at any time after disconnection.

(n) If a disconnection complaint is filed with the commission, the commission shall hold a hearing on the matter within 30 days and rule on whether the net-metered facility has violated a condition necessary for it to operate.

(o) In any hearing referred to in (n) above, the disconnecting utility shall have the burden of proof.

(p) A customer-generator shall not re-close a disconnect device which has been opened and tagged by its distribution utility, or attempt to re-install a pulled meter without the prior permission of the distribution utility, or in the event of a dispute, the commission.

(q) A customer-generator shall be allowed to disconnect the net-metered facility from the distribution utility without prior notice in order to self-generate, but shall notify the distribution utility as soon as practical following disconnection.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.03 Distribution Utility Access to Net-Metered Facility

(a) The distribution utility may inspect the net-metered facility at its own expense at a time mutually agreeable to the customer-generator upon reasonable notice to the customer-generator.

(b) Except in emergency circumstances, the distribution utility shall provide not less than 5 business days’ prior notice to the customer-generator to enter the facility site in order to inspect the net-metered facility, install additional controls or meters, or conduct additional tests.

(c) A customer-generator shall not deny access to the distribution utility to inspect the net metered system, install additional controls or meters or conduct additional tests.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.04 Complaints and Investigations

(a) The procedures set forth in Puc 204 shall be applicable to filing and resolution of any complaint and investigation arising out of Puc 900.

(b) A customer-generator, distribution utility, or any other interested person may file with the commission a complaint or request for resolution of a dispute relating to Puc 900.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.05 Notifying Public of Net Energy Metering

(a) When a customer initiates an inquiry and requests information regarding net energy metering, the distribution utility shall provide to the customer a copy of Puc 900 and the name and telephone number of a contact person(s) at the utility and a description of net energy metering.

(b) The distribution utility shall provide to each customer in a billing insert or a billing message in the customer bill a brief description of the availability of net energy metering, which billing insert or message shall be of one paragraph or more in length.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.06 Violations of Authorization to Interconnect

(a) After notice and an opportunity for a hearing, the commission shall revoke, suspend, or condition the authorization for a customer-generator to interconnect a net-metered facility, or take such other action consistent with the above that it deems warranted if it finds good cause therefor.

(b) “Good cause,” as such phrase is used in (a) above, shall exist if the commission finds one or more of the following:

(1) The customer-generator was granted authority to operate based on false or misleading information supplied by the applicant which:

a. Is material; and

b. The applicant knew or should have known was false or misleading;

(2) The facility was not installed or is not being operated in accordance with the National Electrical Code and applicable utility interconnection requirements;

(3) The customer-generator has failed to comply with the conditions of approval to operate or representations made in the filing for approval to operate; or

(4) Other conditions, consistent with (1) through (3) above, exist which the commission finds necessitate revocation or suspension, or placing conditions on, the authorization to interconnect.

(c) In determining the actions to be taken based on its finding in (a) above, the commission shall consider the following:

(1) The severity of the consequences resulting from the violation, such that the more severe the consequences, the more severe the action to be taken;

(2) Mitigating circumstances, such as how quickly the customer-generator took action to rectify the situation, how much control the customer-generator had over the situation, and other circumstances that would tend to lessen the fault of the customer-generator; and

(3) Any prior violations of Puc 900.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.07 Utilities Shall Report Number and Size of Net-Metered Facilities

(a) Each distribution utility shall:

(1) Track the number and size of net-metered facilities interconnected to their distribution systems;

(2) Report to the commission annually by April 1 of each year for the prior year, the following information regarding net-metered facilities:

a. The number of facilities operating;

b. The generation output rating of the facilities in kilowatts; and

c. Information regarding any net-metered combined heat and power facilities.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.08 Existing Facilities Grandfathered

(a) Net-metered facilities that have been interconnected with the distribution utility, with the knowledge of the distribution utility, as of June 13, 1982 shall:

Be deemed to be registered; and
Not be required, due to the adoption of Puc 900, to:

a. Re-apply for interconnection pursuant to Puc 904; or

b. Upgrade to meet the applicable requirements for interconnection of Puc 905, the requirements for inverter units of Puc 906, or the requirements for non-inverters of Puc 907.

(b) The grandfathered facilities referred to in (a) above shall comply with the procedural requirements for interconnected facilities contained in Puc 908.

(c) A customer-generator may repair a net-metered facility that is grandfathered under (a) above, such as by repairing relays in a non-inverter system, but if the customer-generator changes the inverter or adds to the generation capacity or otherwise upgrades or alters the facility as provided in Puc 904.05, the customer-generator shall update the qualifications of the facility as provided in Puc 904.05.

(d) The distribution utility or electricity supplier may request, and the customer-generator shall provide, with respect to any facility grandfathered under this section, the information required in connection with the interconnection application form set forth in Puc 904.02, and the customer-generator shall, without request, update any such information as it may change.

(e) A net-metered facility that has been interconnected with its distribution utility prior to the initial adoption of Puc 900, without the knowledge of the distribution utility, shall not be grandfathered for purposes of this section.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09; ss by #13080, eff 9-14-20
#9515, eff 7-18-09; ss by #9998, eff 9-20-11; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.09 Relationship to Other Commission Rules

Unless otherwise specified, Puc 900 shall not supersede any other rule of the commission, but instead shall supplement such rules.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09 (from Puc 908.10); ss by #9998, eff 9-20-11 (from Puc 908.10) ; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 908.10 Transferability

(a) A customer-generator’s certificate to operate a net-metered facility shall transfer to the new owner when the property with the net-metered facility is sold or otherwise conveyed, if the new owner provides to the distribution utility in writing:

(1) Any information that is new or different from that provided in connection with the interconnection application as described in Puc 904.02; and

(2) An agreement to operate and maintain the net-metered facility according to Puc 900, RSA 362-A, and other applicable requirements.

(b) The distribution utility shall not deny a new owner acquiring a currently-registered net-metered facility, which otherwise complies with the requirements of Puc 900, the right to register, provided that the new owner complies with (a) above.

(c) The new customer-generator owner, as described in (a) and (b) above, shall notify the distribution utility of the transfer and of the applicable information required by the interconnection application as described in Puc 904.02.

(d) A net-metered facility transferred as described in this section shall not be deemed to have exited from the system, and neither Puc 903.02(q) nor Puc 903.02(r) shall apply to any such transfer.

(e) If any change or upgrade in a net-metered facility would otherwise require new approval pursuant to Puc 904.05, a mere transfer of ownership shall not relieve the customer-generator from that requirement.

History

#7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09
#9515, eff 7-18-09 (formerly Puc 908.11); ss by #9998, eff 9-20-11 (from Puc 908.11); ss by #13080, eff 9-14-20

Part Puc 909 Group Net Metering

N.H. Code Admin. R. Ann. Puc 909.01 Purpose

The purpose of this part is to implement the group net metering provisions of RSA 362-A:9, XIV and commission’s expanded reporting requirement pursuant to RSA 362-F:10, IV.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.02 Applicability

(a) Puc 909.01 through Puc 909.15 shall apply to customer-generators who elect to become hosts, to group members, and to distribution utilities that serve hosts and group members.

(b) Large customer-generators subject to the alternative net metering tariff that do not consume behind-the-meter at least 20 percent of the actual or estimated annual electricity production from their facilities shall register as group hosts pursuant to this part or they shall be ineligible to net meter.

(c) Puc 909.12 applies to customer-generators who or which register or re-register as a host on or after July 1, 2019 and elect to receive on-bill credits.

(d) Puc 909.13 applies to customer-generators who or which meet the requirements specified therein to register as a low-moderate income community solar project.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.03 Registration and Re-Registration of Hosts

(a) To register as a host, a customer-generator shall provide the commission with the information specified in Puc 909.09, and shall send a copy to the host’s distribution utility.

(b) No customer-generator shall begin acting as a host until it has received a registration number from the commission.

(c) Unless the commission denies a host registration application for being incomplete or ineligible within 60 days of its filing, the commission shall issue the host a registration number, with a copy provided to the distribution utility.

(d) Re-registration shall not be required so long as a registered host complies with the annual report requirements of Puc 909.07 and Puc 909.10.

(e) If a host must re-register, the host shall follow the requirements of (a) above.

(f) If a customer-generator requests that the commission issue a provisional host approval, the customer-generator shall provide the commission with the information specified in Puc 909.09 that demonstrates compliance with those requirements at a specific date in the future. Unless the commission denies a request for provisional approval for being incomplete or ineligible within 60 days of its filing, the commission shall issue a provisional approval, with a copy provided to the distribution utility. A provisional approval shall expire 12 months from the date of its issuance. A provisional approval does not supersede the requirement to obtain a host registration number under (b) above. Prior to receiving a host registration number, a customer-generator that received provisional approval shall provide to the commission updated information that demonstrates current compliance with Puc 909.09. The commission shall act upon the updated information as provided in (c) above.

(g) A host may voluntarily surrender its host registration at any time by so notifying the commission and the distribution utility.

(h) Upon request, a host shall provide to the commission copies of agreements with its members and any other document related to its host status, operation of its facility, and relationship with its members.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.04 Transfer of Registration Numbers

(a) A group host registration number may be transferred by the host or by operation of law to another, provided that the following conditions have been met:

(1) The proposed host meets the definition of Puc 902.18; and

(2) The proposed host shall serve as host of the same facility under the terms of the agreement governing the existing host and group members.

(b) Within 30 days of the transfer of the registration number, the new host shall provide the commission the following information, with a copy provided to the host’s distribution utility:

(1) The former host’s name and registration number;

(2) The new host’s name, mailing address, trade name, if any, telephone number, email address, and website address, if any;

(3) The physical address, service address, account number(s), and meter number(s) of the facility that the new host serves;

(4) The name, telephone number, and email address of the individual responsible for responding to commission inquiries after transfer of the registration number;

(5) The identity of the owner and operator of the facility after transfer of the registration number;

(6) A description of changes to the members in the group, if any, including changes in names, billing addresses, service addresses, account numbers, meter numbers, and projected annual load;

(7) A certification that all members and the new host are customers of the same distribution utility;

(8) A certification that the new host has provided to the distribution utility a copy of the notice required by this paragraph;

(9) A certification that the information provided is true, accurate, and complete; and

(10) Except as allowed by Puc 902.16 and Puc 902.22, a certification that none of the members is a customer-generator.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.05 Agreement

(a) The host and its members shall sign an agreement, as defined in Puc 902.02, which includes at least the following:

(1) The contact information for the host and each member, including their names, billing addresses, service addresses, account numbers, meter numbers, phone numbers, email addresses, and name of distribution utility;

(2) The procedure by which the host will allocate and make payments to, and allocate and collect payments from, its members, including the frequency and manner of such payments and collection, or, for groups electing on-bill crediting, the procedure by which on-bill credit percentage allocations will be determined, subject to the restrictions specified in Puc 909.12 and Puc 909.13;

(3) The procedure by which members may join and leave the group, which procedure shall, at a minimum, comply with and contain the language required by Puc 909.06;

(4) A binding process for the resolution of any disputes arising under the agreement involving the host, its members, or among members, including disputes arising out of the member removal process required by Puc 909.06, which dispute resolution process does not rely on the distribution utility or the commission; and

(5) For groups electing on-bill crediting, each member shall grant limited permission for the host to obtain member load and account information from the distribution utility for the purposes of complying with Puc 909.06 and Puc 909.10.

(b) The host and each member shall sign an agreement attesting that the information provided is true to the best of their knowledge and belief.

(c) A member that is not participating in on-bill crediting may sign an agreement with more than one host, but the portions of that member’s load which are allocated to each host, when combined, shall not exceed that member’s total load. A member in a group participating in on-bill crediting shall not be a member of more than one group at the same time.

(d) The requirements of this section to sign an agreement shall not apply if the host and members are the same person or the same entity.

(e) No agreement shall in any way prohibit or restrict the members of a low-moderate income community solar project group who are residential end-user customers with household income at or below 300 percent of the federal poverty guidelines from leaving such groups, consistent with Puc 909.13(d)(8).

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15; ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.06 Group Changes

(a) The procedure by which members are added to and removed from the group shall be defined in the agreement. The agreement shall describe how members may be added, how members may leave voluntarily, and how members may be removed involuntarily, subject to the limitation specified in Puc 909.05(e).

(b) For groups participating in group net metering without on-bill crediting, changes in group membership shall be implemented as follows:

(1) The addition of a member shall be effective on the member’s first meter read date immediately following the new member’s addition;

(2) The departure of a member shall be effective on the member’s first meter read date immediately following the member’s date of departure;

(3) Departing members shall receive their allocated share of any payments due from the host, and shall be responsible for their allocated share of any payments due to the host, through the effective date of their departure, and the agreement shall describe how payments are to be made between the host and members upon the departure of a member; and

(4) The host shall notify the commission of changes to the group membership, and the month in which each such change occurs, on an annual basis, pursuant to Puc 909.07.

(1) A host may make changes to group membership or credit percentage allocations up to 4 times each year, and only once in each calendar quarter ending March 31, June 30, September 30, and December 31, by submitting the information specified in (e) below;

(2) Group changes submitted pursuant to (1) above, and approved by the commission when applicable under Puc 909.06(h) shall take effect for the next host and member billing cycles beginning at least 10 business days following the date of change notification submission or approval of changes by the commission, if required;

(3) Group changes for low-moderate income community solar projects shall continue to meet the requirements for such projects specified in Puc 909.06(e)(7) and (8);

(4) In the event a member has moved, the member’s credit percentage allocation for the applicable meter shall continue to accrue until the implementation of (2) above following the submission and approval of the information required in (e) below pursuant to the applicable schedule specified in (1) above; and

(5) If the meter of a member becomes inactive, the credit percentage allocation for the account associated with that meter shall be redistributed the host until the implementation of (2) above, following the submission and approval of the information required in (e) below pursuant to the applicable schedule specified in (1) above.

(d) Unless the agreement provides otherwise, in the event of a host’s or member’s death, the meter(s) associated with that deceased host or member shall continue to be a part of the group until removed according to the terms of the agreement or by order of a court of competent jurisdiction. The legal representatives of deceased hosts or members shall remain bound by the terms of the agreement, unless the agreement provides otherwise.

(e) The host shall notify the commission and the distribution utility of any change to the group by providing the following information in accordance with (b)(4) above or (c)(1) above, as applicable:

(1) The host’s name, trade name, if any, address, service address, telephone number, email address, website address, if any, name of distribution utility, meter number, and account number;

(2) For a group adding or removing members, each departing member’s name, billing address, service address, account number, meter number, projected annual load, percentage allocation, month of member change, and low-moderate income status, as applicable;

(3) For a group adding or removing members, each new member’s name, billing address, service address, account number, meter number, projected annual load, percentage allocation, month of member change, and low-moderate income status, as applicable;

(4) Except as otherwise permitted under Puc 902.16 and Puc 902.22, a certification that no new member is a customer-generator;

(5) For a group using on-bill crediting and changing credit percentage allocations, the name, billing address, service address, account number, meter number, current percentage allocation, and low-moderate income status, if applicable, for each group member and the host;

(6) For a group using on-bill crediting and changing credit percentage allocations, the new allocation percentage for each group member and the host;

(7) For a group with a low-moderate income community solar project, the information specified in Puc 909.09(a)(17); and

(8) For a group with a low-moderate income community solar project, verification that the percentage allocations meet the requirements of Puc 909.12(c) through (e) and Puc 909.13(h).

(f) The host shall sign and date the change notification submitted.

(g) The individual signing the change notification shall certify that the information provided is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(h) For any group with a low-moderate income community solar project, the commission shall review each complete change notification for continued low-moderate income community solar project adder eligibility, and approve or deny such change notification within 20 business days following its submission pursuant to Puc 909.06(c)(1). The commission shall notify the utility and the host of its approval or denial.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.05); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.07 Annual Report

(a) Except as otherwise provided in (b) below, each host shall file with the commission, on or before April 1 of each year after registration, an annual report that contains the information required by Puc 909.10, and shall send a copy of the report to the host’s distribution utility. Failure to timely file an annual report shall authorize the distribution utility to cease making the payments provided for in Puc 909.08 until the host files its annual report, as described in Puc 909.08(i) and (j).

(b) A customer-generator with a residential net-metered facility with generating capacity less than 15 kilowatts interconnected to a distribution utility that is not a low-moderate income community solar project, is not required to file an annual report under this section.

(c) A host’s registration shall expire without further action by the commission if the host fails to file an annual report by October 1 of the year the annual report is due, with the exception of hosts subject to the exemption in (b) above.

(d) The commission shall notify the appropriate utilities of hosts whose registration has expired under (c) above.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.06); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.08 Duties of the Distribution Utility

(a) With the exception of groups that elect to receive on-bill credits pursuant to Puc 909.12, upon receipt of a host registration number, the distribution utility shall thereafter pay the host for the host’s net excess electricity exported to the distribution system at the end of each billing cycle in accordance with the utility tariff provisions applicable to the host’s customer class, unless the host is a large customer-generator that does not receive default service from the utility. The first payment shall be due for the billing cycle beginning with the meter read date immediately following the effective date of the host’s registration, unless the meter read date is less than 5 business days after the effective date, in which case the first payment shall be due for the billing cycle beginning with the next meter read date.

(b) Upon receipt of a host registration number for a group that elects to receive on-bill credits under Puc 909.12, the distribution utility shall thereafter allocate a monetary credit on the account of the host and each member of the group pursuant to Puc 909.12(f).

(c) Upon receipt of a host registration number for a group with a low-moderate income community solar project under Puc 909.13, the distribution utility shall thereafter allocate a monetary credit on the account of the host and each member of the group pursuant to Puc 909.13(c) and (i).

(d) For hosts that are small customer-generators subject to the standard net metering tariff that receive default service from the distribution utility, the payments or credits from the distribution utility for net excess electricity exported to the distribution system shall be based on all charges assessed on a per-kilowatt-hour basis.

(e) For hosts that are small customer-generators subject to the alternative net metering tariff that receive default service from the distribution utility, the payments or credits from the distribution utility for net excess electricity exported to the distribution system shall be calculated based on 25 percent of any distribution charges assessed on a per-kilowatt-hour basis, any transmission charges assessed on a per-kilowatt-hour basis, and the default service rate on a per-kilowatt-hour basis.

(f) For hosts that are large customer-generators and receive default service from the distribution utility, the payments or credits from the distribution utility for net excess electricity exported to the distribution system shall be based on the distribution utility’s default service rate.

(g) For hosts that are small customer-generators subject to the alternative net metering tariff that do not receive default service from the distribution utility, the payments or credits from the distribution utility for net excess electricity exported to the distribution system shall be calculated based on 25 percent of any distribution charges assessed on a per-kilowatt-hour basis and any transmission charges assessed on a per-kilowatt-hour basis.

(h) For all hosts not exempted under Puc 909.07(b), by June 1 of each year the distribution utility shall determine for the prior year whether the host’s net exported generation exceeded the group’s total electricity use. If so, the host shall only be entitled to compensation for that excess generation at the avoided cost or default service rate. For purposes of calculating the payment adjustment under this subsection, the distribution utility shall be bound by its election pursuant to Puc 903.02(p) of the avoided cost rate calculated by the commission, or by the distribution utility for each specific host, or the distribution utility’s default service rate. The distribution utility shall calculate whether it overpaid the host for that excess generation according to the rates in (d) through (g) above, and bill the host accordingly.

(i) If the host’s registration is suspended under Puc 909.11, or if the host fails to timely file an annual report required by Puc 909.07(a), the distribution utility shall cease making payments or providing credits due under this chapter beginning with the billing cycle that starts with the meter read date immediately following the date of suspension or the due date for the annual report.

(j) If the distribution utility ceased making payments under (i) above, the distribution utility shall resume making monthly payments or providing monthly credits beginning with the billing cycle that starts with the meter read date immediately following the host’s re-registration or filing of its annual report, as applicable. The host shall not be entitled to payments, nor shall the host and members be entitled to any credits, for any billing cycles with respect to which payments were not made or credits were not provided as a result of suspension or failure to timely file any required annual reports.

(k) Any distribution utility serving registered hosts shall file an annual report with the commission on or before June 1 of each year, beginning June 1, 2015, covering the immediately preceding calendar year, which report shall describe the number and location of all registered group host facilities it serves, the generating capacity and renewable source of each facility, whether the group is using on-bill crediting, whether the group is a low-moderate income community solar project, the payments to each host, the credits provided to each group host and members, and the total load of the members for each facility, and the load of each host. The distribution utility shall not be required to include actual host and member load data for hosts that are exempt from filing annual reports under Puc 909.07(b), but instead shall include the estimated facility production and estimated host and member load data for such exempt groups.

(l) Any distribution utility serving registered hosts with low-moderate income community solar projects shall file with the commission an appendix to its annual report on or before June 1 of each year covering the immediately preceding calendar year, which appendix shall provide the total annual amount of on-bill monetary credits provided to each member of any such group.

(m) For any existing net metering customer-generator who becomes a host under this chapter, the distribution utility shall close out that customer-generator’s net metering account and make any payments or bill credits due under the applicable tariff rate for standard or alternative net metering pursuant to Puc 903.02(l) or (m), Puc 903.02(q) shall not apply to an existing net metering customer who becomes a host.

(n) For any group which elects to receive on-bill credits, the distribution utility shall make available to the host through electronic mail, letter, or internet portal the following information following the end of each host monthly billing cycle:

(1) The total net electricity exports from the host’s facility during the billing cycle;

(2) The total amount of on-bill monetary credits accrued to the host and group members during the billing cycle; and

(3) The on-bill monetary credit allocated to the host and each group member for the billing cycle.

(o) For any group which elects to receive on-bill credits, the distribution utility shall make available to the host by January 30th of each year the load for each group member who was a member for any period during the preceding calendar year, by such member’s monthly billing cycle during the year.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.07); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.09 Application to Register or Re-Register as a Host

(a) An applicant for registration or re-registration as a host shall provide to the commission, with a copy to the distribution utility, the following information:

(1) The host’s name, trade name, if any, address, service address, telephone number, email address, website address, if any, name of distribution utility, meter number, and account number;

(2) The name, telephone number, and email address of the individual responsible for responding to commission inquiries;

(3) The identity of the owner and operator of the facility;

(4) A list of all members in the host’s group, including each member’s name, billing address, service address, account number, meter number, and projected annual load;

(5) Certification that all members of the group have executed an agreement with the host;

(6) A statement that all members and the host are customers of the same distribution utility;

(7) The total historic annual load and the total projected annual load of the host;

(8) The total historic annual load and the total projected annual load of the members;

(9) The fuel source of the host’s facility, its generating capacity, the actual annual output of the host’s facility, if known, and the projected annual output of the facility;

(10) A statement that the total historic annual load of the members together with the host exceeds the projected annual output of the host’s facility;

(11) A statement that the host has provided a copy of the application to the distribution utility;

(12) A statement that the applicant has the authority to file the application on behalf of the host and that the contents of the application are true, accurate, and complete;

(13) Except as allowed by Puc 902.16 and Puc 902.22, a certification that none of the members is a customer-generator;

(14) A statement regarding whether the group is electing to receive on-bill monetary credits;

(15) A statement regarding whether the group has a low-moderate income community solar project;

(16) For groups that elect to receive on-bill monetary credits:

a. The annual credit percentage allocation for the host and each member; and

b. A statement verifying that the specified percentage allocations meet the requirements of Puc 909.12(e); and

(17) For hosts registering a group with a low-moderate income community solar project:

a. Indication of residential end-user customer status for the host and each member;

b. Indication whether the host and each member is a residential end-user customer with household income at or below 300 percent of the federal poverty guidelines;

c. Specification of the amount of any group host or member load attributable to non-residential end-user customers, residential end-user customers, and affordable housing projects;

d. Description of the income verification procedure for the group;

e. Certification that the group meets the requirements of Puc 909.13(d);

f. Certification that the agreement meets the requirements of Puc 909.05(e);

g. Statement confirming that the specified credit percentage allocations meet the requirements of Puc 909.12(c) through (e) and Puc 909.13(h);

h. Certification that no member is also a member of another group at the time of registration;

i. Documentation demonstrating that any member which is an affordable housing project qualifies as such under Puc 902.01; and

j. Description of the direct, quantifiable benefits to be provided by any member which is an affordable housing project to the tenants or residents of that project pursuant to Puc 909.13(e).

(b) The applicant shall sign and date the document.

(c) The individual signing the document shall certify that the information provided is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(d) For groups participating in on-bill crediting, member information and credit percentage allocations shall be provided in xls format.

(e) The applicant shall electronically file the document and any attachments, in a format compatible with the computer system of the commission, pursuant to Puc 203.03, or through the following email address: PUCGroupNetMetering@puc.nh.gov. The commission shall accept the document and any attachments through the U.S. mail, by overnight express service, or by hand delivery, if the applicant is unable to file the document electronically.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.04); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.10 Host’s Annual Report

(a) On or before April 1 of each year, beginning the year after the host received a registration number, all hosts shall provide to the commission, with a copy sent to the distribution utility, an annual report containing the following information, covering the immediately preceding calendar year:

(1) Any changes to the information required by Puc 909.09;

(2) For groups participating in group net metering without on-bill crediting, the applicable information regarding changes to the group as required by Puc 909.06(e);

(3) A calculation, with supporting documentation, for each month of the year, of the total electricity generated by the host’s facility, the total net electricity exported to the distribution system for which the host was compensated under these rules, the host’s total load for which it was billed by the utility, the total billed load of each member, and the total billed load of all members; and

(4) Any host with a low-moderate income community solar project shall provide in xls format the following additional information, covering the immediately preceding calendar year, together with the host annual report:

a. Identification of each group member who is a residential end-user customer with household income at or below 300 percent of the federal poverty guidelines, who is a residential customer not identified as having such a household income level, or which is an affordable housing project;

b. Certification that all members who are residential end-user customers with household income at or below 300 percent of the federal poverty guidelines have been income-verified by a method or methods consistent with Puc 909.13(f) within the year covered by the annual report;

c. The total amount of monetary credits awarded by month to each group member and the host;

d. Copies of the monthly documentation provided to the host by the distribution utility pursuant to Puc 909.08(n);

e. The total percentage of all monetary credits that was distributed to group members who are residential end-user customers with household income at or below 300 percent of the federal poverty guidelines or which are affordable housing projects;

f. Certification that the group met the requirements specified in Puc 909.13 during the preceding calendar year;

g. For any member which is an affordable housing project, the total amount of on-bill monetary credits, net of payments or other charges under any power purchase agreement or other contractual arrangement with the host, that was available to provide direct, quantifiable benefits to the tenants or residents of that project pursuant to Puc 909.13(e); and

h. Description of the direct, quantifiable benefits provided by a member which is an affordable housing project to the tenants or residents of that project pursuant to Puc 909.13(e), including total benefit-related spending for the calendar year covered by the report.

(b) The host shall sign and date the annual report.

(c) The host signing the annual report shall state that the information in the annual report is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(d) The host shall electronically file the annual report, in a format compatible with the computer system of the commission, pursuant to Puc 203.03, or through the following email address: PUCGroupNetMetering@puc.nh.gov. The commission shall accept the annual report through the U.S. mail, by overnight express service, or by hand delivery, if the host is unable to file the report electronically.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.06); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.11 Sanctions for Failure to Comply

(a) The commission shall suspend a host’s registration for a period of not more than 2 years, after notice and an opportunity to be heard, for any of the following:

(1) A material misrepresentation of information required by Puc 909.09, which, if accurately reported, would have resulted in the denial of the application;

(2) A material violation of Puc 909 or RSA 362-A:9, XIV; or

(3) A material violation of any commission order.

(b) The commission shall determine the period of suspension based on:

(1) The severity of the infraction;

(2) Whether the host acted in good faith;

(3) Whether other mitigating or aggravating circumstances exist; and

(4) Other relevant information pertaining to the host and its principals.

(d) A host whose registration was suspended may, at the end of the period of suspension, seek reinstatement by submitting a re-registration application pursuant to Puc 909.03.

History

#10502, INTERIM, eff 1-3-14, EXPIRED: 7-2-14
#10757, eff 1-8-15 (from Puc 909.08); ss by #13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.12 Group

Net Metering with On-Bill Credits.

(a) A customer-generator registering or re-registering a group with the commission on or after July 1, 2019 may elect in the application for registration or re-registration for the group host and all group members to receive on-bill credits.

(b) To elect on-bill monetary credits, a group shall meet all of the applicable requirements of this chapter and the host shall provide the additional information required under Puc 909.09(a)(16).

(c) The host of a group for which on-bill monetary credits have been elected shall specify the percentage of the net metering credit monetary amount otherwise payable to the host to be allocated to the host and to each group member on their respective distribution utility bills, which percentage shall apply to the sum of the base net metering credit and the additional credit amount described in Puc 909.13(b) for any group registered as a low-moderate income community solar project, pursuant to Puc 909.13(h).

(d) The percentage allocations required under (c) above shall be made initially in the registration or re-registration application submitted by the host, and thereafter any changes to such allocations shall be made in the group change notification required to be submitted pursuant to Puc 909.06(c).

(e) For all groups receiving on-bill monetary credits, the credit percentage allocations shall be subject to the following restrictions:

(1) The percentage allocations shall total 100 percent; and

(2) Each group member’s total percentage allocation shall be greater than zero.

(f) Upon receipt of a host registration number for a group for which on-bill monetary credits have been elected under this section, the distribution utility shall thereafter allocate a monetary credit on the host’s and each member’s account as follows:

(1) A total monetary credit shall be calculated for the host’s net excess electricity exported to the distribution system at the end of each billing cycle based on the applicable net metering tariff and host rate class;

(2) The total monetary credit calculated pursuant to (1) above shall be distributed to the host and the group members as monetary credits on their monthly utility bills in accordance with the percentage allocations specified in accordance with (c) through (e) above; and

(3) The monetary credit shall be separately itemized on a customer’s bill and deducted from the balance due on the bill after all applicable charges and all other credits.

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.13 Low-Moderate Income Community Solar Projects

(a) The host customer-generator for a low-moderate income community solar project shall register as a low-moderate income community solar project group by providing the information in its registration application as specified in Puc 909.09(a)(1) through (17).

(b) A group registered with a low-moderate income community solar project shall receive additional on-bill monetary credits for all excess electricity production eligible under Puc 909.08(c) through (j), at the following rates for the specified time periods:

(1) An additional 3 cents per kilowatt-hour through July 1, 2021; and

(2) An additional 2.5 cents per kilowatt-hour on July 2, 2021 and thereafter.

(c) The group host of a low-moderate income community solar project shall have the option to receive payment from the electric distribution utility on a monthly basis equal to the host’s on-bill monetary credit amount in excess of the host’s billed charges for the billing period.

(d) To register as a low-moderate income community solar project group, a project shall meet the following requirements:

(1) The host facility has an initial operational date on or after July 1, 2019;

(2) The host has elected for the group to receive on-bill credits pursuant to Puc 909.12;

(3) The host shall indicate whether it elects the monthly payment option provided under (c) above;

(4) The group includes at least 5 residential end-user customers;

(5) A majority of the residential end-user customers in the group have household income at or below 300 percent of the federal poverty guidelines, as verified by the methods specified in (f) below;

(6) No more than 15 percent of the projected annual load for the group is attributable to non- residential end-user customers;

(7) A group member that is an affordable housing project will provide direct benefits to the tenants or residents of that project as provided in (e) below;

(8) No group member who is a residential end-user customer with household income at or below 300 percent of the federal poverty guidelines shall be charged or assessed any subscription fee, investment amount, termination fee, withdrawal charge, or other cost, expense, fee, charge, price, or other amount as a condition of his or her group membership; and

(9) Solely for the purposes of this paragraph (d), the projected annual load for a group that is attributable to non-residential end-user customers shall not include any such projected load attributable to affordable housing projects.

(e) A group member that is an affordable housing project shall provide direct, quantifiable benefits, such as rental payment reductions, building improvements, energy efficiency measures, wireless internet access, investments in new affordable housing units, or resident services to the extent not reimbursed or otherwise funded by a federal, state, or local source, to the tenants or residents of that project, unless the provision of such benefits would result in any tenant’s or resident’s ineligibility for, or reduction in the amount of benefits available from, any other federal, state, or local assistance program.

(f) The host shall be responsible for initial and ongoing annual income verification for group members who are residential end-user customers with household income at or below 300 percent of the federal poverty guidelines, using one of the following income verification methods:

(1) Participation in the electric assistance program;

(2) Income verification performed by a community action agency;

(3) A complete copy of an award letter dated within 12 months of the income verification date for the Home Energy Assistance Program/Fuel Assistance Program, Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, or Supplemental Security Income;

(4) Verification of moderate income members with sufficient documentation to verify that annual income is at or below 300 percent of the federal poverty guidelines; or

(5) An alternative income verification method functionally equivalent to the methods described in (1) through (3) above that is proposed by a host and approved by the commission.

(g) The commission or its third party contractor may independently review and verify a host’s income verification method and documentation, group members’ income information, and eligibility criteria compliance for low-moderate income community solar projects.

(h) In addition to compliance with Puc 909.12(c) through (e), the host of a group registered as a low-moderate income community solar project shall make on-bill monetary credit percentage allocations to the host and group members such that the sum of such percentage allocations to members that are residential end-user customers with household income at or below 300 percent of the federal poverty guidelines or affordable housing projects shall not be less than 12 percent of the total credit amount allocated to the host and all group members.

(i) Upon receipt of a host registration number for a group registered as a low-moderate income community solar project, the distribution utility shall thereafter allocate an on-bill monetary credit to the host’s and each group member’s account as follows:

(1) A total monetary credit shall be calculated for the host’s net excess electricity exported to the distribution system at the end of each billing cycle, based on the alternative net metering tariff and host rate class, plus an additional 3 cents per kilowatt-hour through July 1, 2021 and 2.5 cents per kilowatt-hour after that date;

(2) The total monetary credit for each billing cycle calculated pursuant to (1) above shall be distributed to the host’s and members’ accounts in accordance with the percentage allocations specified pursuant to Puc 909.12(c) through (e) and (h) above;

(3) The monetary credit shall be separately itemized on one line on a customer’s bill and deducted from the balance due on the bill after all applicable charges and all other credits; and

(4) Monthly payments shall be made to any group host that has elected the monthly payment option provided under (c) above.

(j) The host of a group registered as a low-moderate income community solar project shall demonstrate the continuing eligibility of the group on an annual basis by providing the information required pursuant to Puc 909.10(a)(4).

History

#13080, eff 9-14-20

N.H. Code Admin. R. Ann. Puc 909.14 Confidentiality

The registration and re-registration applications, the host’s annual report, the distribution utility’s annual report described in Puc 909.08(i), and any related attachments provided to the commission shall be public documents which shall be disclosed by the commission upon request, except that the commission shall protect from public disclosure to the extent permitted by law information that is considered to be confidential, commercial, or financial, or other information, the disclosure of which would constitute an invasion of privacy. Notwithstanding the foregoing, any information submitted to the commission pursuant to this chapter shall be available to the commission for the preparation and public release of statistics and other metric and non-metric data.

History

#10757, eff 1-8-15 (from Puc 909.11); ss by #13030, eff 9-14-20) (formerly Puc 909.12)

N.H. Code Admin. R. Ann. Puc 909.15 Electronic Documents and Signatures

All documents and signatures referenced in this chapter may be electronic as authorized by RSA 294-E.

APPENDIX A

Rule(s)

Statute

Puc 902 and 909 (other specific provisions implemented by specific rules listed below)

RSA 362-A:9, X and 365:8, I(l)

Puc 902.01

RSA 362-A:9, XIV(a)

Puc 902.02

RSA 362-A:9, XVI

Puc 902.03

RSA 362-A:1-a, I-d

Puc 902.04

RSA 362-A:1-a, II-b

Puc 902.08

RSA 374-F:2, II

Puc 902.09

RSA 362-A:1-a, II-c

Puc 902.12

RSA 362-A:9, XIV(a)

Puc 902.13

RSA 362-A:1-a, II-d

Puc 902.14

RSA 362-A:9, XIV(a)

Puc 902.17

RSA 362-A:9, XIV(a)

Puc 902.18

RSA 362-A:1-a, III-a

Puc 902.22

RSA 362-A:9, XVI

Puc 903

RSA 362-A:9

Puc 903.01(c)

RSA 362-A:9, II

Puc 903.01(n)

RSA 362-A:9, XIII

Puc 903.02(g)

RSA 374-F:7

Puc 903.03

RSA 362-A:1-a, II-b; RSA 362-A:9, X(b); RSA 365:8, I(l)

Puc 904.02

RSA 362-A:9; RSA 362-F:4, I (a) through (f); RSA 365:8, I(1)

Puc 908.03

RSA 365:8, I

Puc 908.05

RSA 365:8, I(1)

Puc 908.06

RSA 541-A:30, II

Puc 908.07

RSA 362-A:9; RSA 374:15

Puc 909.01

RSA 362-A:9, XIV

Puc 909.02

RSA 362-A:9, XIV

Puc 909.03

RSA 362-A:9, XIV(a)

Puc 909.04

RSA 362-A:9, XIV(a)

Puc 909.05

RSA 362-A:9, XIV(a)

Puc 909.06

RSA 362-A:9, XIV(a)

Puc 909.07

RSA 362-A:9, XIV; RSA 362-F:10, IV

Puc 909.08

RSA 362-A:9, XIV

Puc 909.09

RSA 362-A:9, XIV(a)

Puc 909.10

RSA 362-A:9, XIV(a); RSA 362-F:10, IV

Puc 909.11

RSA 362-A:9, XIV(e)

Puc 909.12

RSA 362-A:9, XIV

Puc 909.13

RSA 362-A:9, XIV; RSA 362-A:9, XIX

Puc 909.14

RSA 365:8, I(d); RSA 91-A:5

Puc 909.15

RSA 294-E

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

Rule

Title (date)

Source

Puc 906.01(a)(1)

Puc 907.01(a)(1)d.

IEEE Standard 1547 (2018) for Interconnecting Distributed Power Resources with Electric Power Systems

Institute of Electrical and Electronic Engineers, Inc., 445 Hoes Lane, Piscataway, New Jersey 08854

Purchase of pdf for $151.00 available at https://standards.ieee.org/standard/1547-2018.html

Puc 906.01(a)(2)

UL 1741 SA, Standard for Inverters, Converters, Controllers with Interconnection System Equipment for Use with Distributed Energy Resources (2010)

Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062

Standard 1741, Edition 2

Edition Date: January 28, 2010

Available for purchase at: https://standardscatalog.ul.com/standards/en/standard_1741_2 for $716.00-$1,567.00

Puc 907.01(b)

National Electrical Code, 2017 Edition

National Fire Protection Association

1 Batterymarch Park

Quincy, Massachusetts

02169-7471

Available for $108.00 for softbound volume and $201.50 for handbook at: http://www.nfpa.org/

History

#10757, eff 1-8-15; ss by #13080, eff 9-14-20 (formerly Puc 909.13)

Chapter Puc 1100 Rules for Steam Utilities

Part Puc 1101 Application of Rules

N.H. Code Admin. R. Ann. Puc 1101.01 Application of Rules

These rules shall apply to all steam utilities as defined in Puc 1102.02.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part Puc 1102 Definitions

N.H. Code Admin. R. Ann. Puc 1102.01 Commission

"Commission" means the New Hampshire public utilities commission.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1102.02 Public utility

"Public utility", "steam utility" or "utility" means any "public utility" as defined in RSA 362:2 owning, operating or managing any plant or equipment or any part of the same for the manufacture or furnishing of steam for the public in the state of New Hampshire.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part PUC 1103 Quality of Service

N.H. Code Admin. R. Ann. Puc 1103.01 Interruptions of Service

(a) Each utility shall use all practicable means to avoid interruptions to service, including maintaining appropriate levels of maintenance and planning for unexpected events.

(b) Should interruption occur, the utility shall re-establish service within the shortest time practicable, consistent with safety.

(1) Keep a record of all interruptions to service; and

(2) Report service interruptions to the commission on Form E-23, which is described at Puc 1107.09, once a month, if they occur.

(d) When service is interrupted to perform work on lines or equipment, the utility shall perform such work at a time causing minimum inconvenience to customers consistent with the circumstances.

(e) The utility shall notify in advance, if practicable, customers affected by interruption to service to perform work on lines or equipment.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part Puc 1104 Meters

N.H. Code Admin. R. Ann. Puc 1104.01 Meter Testing and Accuracy

(a) All new steam meters and meters which are in service which are tested pursuant to (b) below shall be tested and calibrated to within the tolerances as provided in (d) below before being put into or returned to service.

(b) All meters in service shall be tested in accordance with the following schedule:

(1) All condensate meters shall be tested at least once every 3 years; and

(2) All steam meters shall be tested at least once every 10 years.

(1) The utility shall test the accuracy of the customer's meter within 15 days from the time the request is made;

(2) Any meter test charge imposed under this paragraph shall conform to the utility's tariff;

(3) A customer may be represented in person or by an agent when the utility conducts the test of his or her meter; and

(4) The utility shall provide to the customer within 30 days after completion of the test a report giving:

a. The name of the customer requesting the test;

b. The date of the request;

c. The location, the type, make, size, the serial number of the meter;

d. The date tested; and

e. The result of the test.

(d) Any meter tested in accordance with (a), (b) or (c) above shall be correct to within 3% before being installed or re-installed.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1104.02 Customer's Bill Adjustments

(a) The utility shall make refunds or charges, as applicable, when testing done in accordance with Puc 1104.01(b) or (c) indicates an error greater than 3%.

(b) Such refunds or charges shall be made in accordance with the terms specified in the utility's tariff.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1104.03 Meter Records

(a) Each utility shall keep numerically arranged and properly classified records giving for each meter owned and used by the utility for any purpose, the following:

(1) Identification number;

(2) Date of purchase;

(3) Name of manufacturer, serial number, type and rating; and

(4) Information on each customer on whose premises the meter has been in service, including:

a. Name and address; and

b. Date of installation and removal.

(b) The records required by (a) above shall be maintained in a manner such that the date and results of the last test are readily ascertainable.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part Puc 1105 Damage Prevention, Maps and Safety

N.H. Code Admin. R. Ann. Puc 1105.01 Underground Utility Damage Prevention Program

All utilities shall comply with Puc 800, the underground damage prevention program.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1105.02 System Maps

Each utility shall have on file at its principal office located within the state a map, maps or drawings showing the following:

(a) Size, character and location of mains, including valves;

(b) Size and location of each service line, where practicable, provided that in lieu of showing service locations on maps, a card record or other suitable means may be used; and

(c) Layout of all principal production plants and other facilities to show size, location and character of all major equipment, pipe lines, connections, valves and other equipment used.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1105.03 Safety Instructions

(a) Each utility shall adopt comprehensive instructions for the safety of employees in the operation, construction or maintenance of its plant and facilities.

(b) Each utility shall institute practices and programs to establish that its employees have been properly informed of safe practices and are cognizant of all hazards involved.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1105.04 Resuscitation

(a) Each utility periodically shall instruct its employees engaged in electrical work, including but not limited to those employees who work on all live electric conductors and equipment, in accepted safety procedures for resuscitation from electrical shock.

(b) The utility shall instruct all employees engaged in work in hazardous atmospheres such as meter vaults in the procedure to be followed in cases involving asphyxiation.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1105.05 Accidents

(a) As soon as possible after each accident occurring in connection with the operation of its property, facilities or services, each utility shall report whether any person(s) has been killed or injured, or if any compensable property damage has been caused.

(b) The first report of an accident may be preliminary, but, if so, shall be followed later by as full a statement as possible of the cause and details of the accident and the precautions taken, if any, to prevent recurrence.

(c) Accidents to employees resulting in injuries which do not incapacitate the person injured from active work for more than 6 days in total during the 10 days immediately following injury are not required to be reported. The utility shall report any other accident related to its utility operations on Form E-5 described in Puc 1107.05.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part Puc 1106 Reporting and Accounting Requirements

N.H. Code Admin. R. Ann. Puc 1106.01 Reports to Commission

(a) Each utility shall provide the commission the results of any required tests and summaries of any required records.

(b) Each utility shall provide the commission with any information concerning the utility's facilities or operations relating to determining rates or judging the practices of the utility pursuant to RSA 378:1.

(c) Each utility shall make records required under this section available to the commission or its staff upon request at the utility's office located in the state of New Hampshire.

(d) Each utility shall file reports with the commission as provided in Puc 1107 on forms described in Puc 1107 in the frequency as specified in Puc 1107.

(e) Each utility shall file with the commission tariffs pursuant to Puc 1600.

(f) Copies of each form shall be furnished by the commission upon request.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1106.02 Uniform System or Classification of Accounts

(a) Each utility shall maintain its accounts and records in conformity with the "Uniform Classification of Accounts for Gas Utilities" established and issued by the commission as a uniform system of accounts pursuant to RSA 374:8.

(b) The requirements of (a) above shall apply to both the keeping and preservation of accounts and records.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1106.03 Short Term Debt

No utility shall issue or renew any notes, bonds or other evidences of indebtedness payable less than 12 months after the date thereof if said short term debt exceeds 10% of the utility's net fixed plant without prior commission approval pursuant to Puc 201.05.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss by #8244, eff 12-31-04; ss by #10307, eff 4-9-13

Part Puc 1107 Forms to Be Filed by Utilities

N.H. Code Admin. R. Ann. Puc 1107.01 F-3 Statement of Pro Forma Income Statement at Present and Proposed Rates for Year Ended

(a) Each utility which requests a rate increase shall file form F-3 with the commission.

(b) Each utility shall include on form F-3 a breakdown of operating revenues and expenses for:

(1) Actual year ended;

(2) Adjustments and pro forma at present rates;

(3) At proposed rates with additional requirements; and

(4) Total requirements.

(d) Each utility shall also comply with the requirements of Puc 1600.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.02); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.02 F-4 Petition For Authority To Issue Securities

(a) Each utility shall file form F-4 with the commission when it seeks authority to issue securities.

(b) Each utility shall include on Form F-4 the following:

(1) A petition which shall include:

a. A caption;

b. Description of authorized and outstanding long term debt and capital stock;

c. Amount of short term notes outstanding;

d. Description of new securities;

e. Description of what proceeds will be used for;

f. List of exhibits attached;

g. Certification statement as contained in (d) below; and

h. Petitioner's prayer asking for the relief requested;

(2) Exhibit 1, application for leave to issue securities pursuant to RSA 369:3 including a statement in reasonable detail of any proposed additions, construction or working capital requirements together with any proposed construction budget;

(3) Exhibit 2, showing the estimated cost of financing including legal costs, printing, documentary tax, trustee services, financial services;

(4) Exhibit 3, current balance sheet adjusted for financing with journal entries and explanations for actual balances, adjustments and balances as adjusted;

(5) Exhibit 4, current income statement adjusted for financing including new interest, depreciation and taxes with entries for actual, adjustments and as adjusted;

(6) Exhibit 5, statement of capitalization ratios after giving effect to the proposed financing;

(7) Exhibit 6, copy of the purchase and sale agreement for long term financing including any letter of commitment from a lender stating details of financing;

(8) Exhibit 7, copy of the mortgage indenture;

(9) Exhibit 8, copy of terms of new common or preferred stock;

(10) Resolution of petitioner's stockholders authorizing the proposed financing; and

(11) An original and 7 copies of the petition and exhibits.

(c) By submitting or signing a Form F-4 petition, the persons submitting the form agree to comply with the certification requirement as set forth in (d) below.

(d) Each utility shall provide in connection with a petition for authority to issue securities, a certification which shall provide as follows:

(e) The certification set forth in (d) above shall be executed under oath by the president or chief officer or treasurer or person in charge of the utility's accounts and records whose signature shall be notarized in conformance with New Hampshire law as a sworn statement.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.03); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.03 F-16 Annual Report

(a) Each utility which maintains its books on a calendar year basis shall file a completed "Annual Report" with the commission annually on or before March 31st.

(b) Each utility which maintains its books on a fiscal year which does not coincide with a calendar year shall file a completed "Annual Report" with the commission no later than 90 days following the close of each fiscal year.

(1) List of officers, their compensation, residence, and a list of directors with residence, length of term, term expiration, and fees;

(2) Shareholders names and addresses and voting powers including number of votes, number of shares owned and a schedule of payments to individuals;

(3) Balance sheet accounts schedule including assets and other debits and liabilities and other credits including comparison to previous year;

(4) Fixed capital schedule including comparison to previous year;

(5) Management fees and expenses and distribution of accruals or payments and distribution of total charges;

(6) Non-operating property with beginning of year balance and year end balance, property abandoned schedule and land for future development schedule with beginning and year end balances;

(7) Investments in affiliates and miscellaneous investments showing description of investment stock descriptions, cost to respondent, and book value;

(8) Funds schedule showing sinking, miscellaneous, and depreciation funds with notation of additions and withdrawals;

(9) Prepayment schedule with beginning and year end balance and required securities with date acquired, cost and par value;

(10) Schedule of materials and supplies, accounts receivable and receivables from affiliated companies;

(11) Schedule of unamortized debt discount and expenses showing debits and credits during year and a schedule of dividends declared during year;

(12) Capital stock account with stock breakdown and long term debt schedule with the proper breakdown;

(13) Notes payable schedule showing beginning and end of year balance and a schedule of payables to affiliated companies;

(14) Depreciation reserve schedule showing debits and credits and an annual depreciation charge schedule;

(15) Miscellaneous reserves with charges during the year; a miscellaneous unadjusted credits schedule and a tax schedule;

(16) Income statement including increase or decrease over previous year.

(17) Capital surplus account showing debits and credits during year; earned surplus account and miscellaneous suspense schedule;

(18) Operating revenues - composed of service revenue and other revenues which includes a schedule or summary of operating expenses with the increase or decrease over the previous year;

(19) Operation and maintenance accounts which include amounts by classification and increase or decrease over previous year;

(20) Analysis of sales and new business expenses with a breakdown into appliance sales, job work sales, and new business;

(21) Schedule of donations and gifts and accounts charged to;

(22) Detail of fuel account broken into fuel supplies used in production and the annual cost and average cost of each fuel used and a schedule of materials and supplies with beginning and end-of-year balances;

(23) Summary of steam plant operation monthly in terms, and accounting of how steam was used and a schedule of revenue by rate class; and

(24) Certification statement as contained in (d) below.

(d) Each utility shall complete and properly execute under oath a certification form as part of its "Annual Report", which provides as follows:

"We, on our oath do severally say that the foregoing return has been prepared under our direction, from the original books, papers and records of said utility, that we have carefully examined the same, and declare the same to be a complete and correct statement of the business and affairs of said utility, in respect to each and every matter and thing therein set forth to the best of our knowledge, information and belief; and that the accounts and figures contained in the foregoing report embrace all of the financial operations of said utility during the period for which said report is made."

(e) The certification set forth in (d) above shall be subscribed and sworn to under oath by the utility by its president or other chief officer and by its treasurer or other officer in charge of accounts whose signatures shall be notarized before a notary official in conformance with New Hampshire law.

(f) By submitting or signing the "Annual Report", the person submitting the form, on behalf of themselves and the utility, thereby agree to comply with the certification statement set forth in (d) above.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.04); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.04 F-22 Information Sheet

(a) Each utility shall file Form F-22:

(1) Annually; and

(2) Whenever any changes occur to the information included in the Form F-22 filing.

(b) Each utility shall include on form F-22 the following:

(1) The name of utility;

(2) The person's name and address to receive annual report form;

(3) The person's name and address to receive the utility assessment tax; and

(4) The names and titles of the principal officers of the company.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.05); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.05 E-5 Utility Accident Report

(a) Each utility shall file a completed "NHPUC Accident Form" within 10 working days of when an accident meeting the criteria contained in Puc 1105.05 (a) and (c) occurs.

(b) Each utility shall include on the "NHPUC Accident Form" the following:

(1) Report number, date and name and address of utility;

(2) Date and location of accident;

(3) Description of person injured including:

a. Name;

b. Age;

c. Residence;

d. Employer; and

e. Status of injured person, whether employee, person under contract, invitee, licensee, trespasser or other;

(4) Description of injury, current condition, duration of disability and, if applicable, anticipated return to work date;

(5) Description of cause and manner of accident;

(6) If applicable, cause of death, previous accident report number;

(7) Designation of federal or state statute violated, if applicable;

(8) Recommendation for guarding against repetition of accident; and

(9) Signature and title of signatory.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.06); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.06 E-22 Report of Proposed Expenditures for Additions, Extensions and Capital Improvements to Fixed Capital

(a) Every utility shall report to the commission when the probable cost of any addition, extension or capital improvement to its utility plant will exceed reportable amounts set forth in Table 5.9.1, as follows:

Table 5.9.1 Reportable Amounts by Utility Plant Range

UTILITY PLANT RANGE

REPORTABLE AMOUNT

$ 400,000 and under

$5,000

400,001 to $ 1,000,000

10,000

1,000,001 to 2,000,000

15,000

2,000,001 to 3,000,000

22,500

3,000,001 to 50,000,000

30,000

50,000,001 to 100,000,000

50,000

100,000,001 and over

100,000

(b) The reportable amount shall be based on the gross fixed capital, as of December 31st of the calendar year immediately preceding, of each stand-alone or satellite system with an independent source of supply.

(c) Companies with more than $10,000,000 in fixed capital may use the next higher reporting limit for their satellite systems.

(d) The reporting limits shall apply to total project cost including contributions in aid of construction.

(e) For purposes of paragraph (a), filing with the commission shall consist of:

(1) A completed E-22 form; or

(2) With written approval of the commission, a construction budget.

(f) The commission shall accept a construction budget in place of individual E-22 forms if the proposed budget meets the following criteria:

(1) It highlights all projects above the utility's reporting limit;

(2) It contains a level of detail appropriate to the expenditures anticipated and to identification of potential project-specific issues; and

(3) It covers a period of no longer than one year.

(g) The commission shall state whether the approval is for one year or a longer or indefinite period, based on the utility's prior operation and reporting history and projected level of expenditures.

(h) A utility shall file an original and duplicate copy with the commission engineering department as follows:

(1) An individual E-22 form no fewer than 30 days before starting actual construction or expenditure of funds; or

(2) A construction budget no fewer than 60 days before starting actual construction or expenditure of funds.

(i) A utility may provide an additional copy of its filing and request that it be date-stamped and returned to confirm filing.

(j) Investigation of or comment on a construction budget or E-22 by the commission or failure of the staff to identify prudence review issues as described in paragraph (l) below, shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merit of any expenditure in a future rate case.

(k) An E-22 shall be a vehicle by which the commission, pursuant to RSA 374:5, obtains information on proposed utility expenditures and as such the commission shall not be obligated to respond to the E-22.

(l) Commission staff shall make a best effort to initially identify potential prudence review issues which it could raise as part of a rate case within the time periods as follows:

(1) 20 days of receipt of an E-22;

(2) For construction budgets, the later of:

a. 60 days of receipt of the budget; or

b. 30 days prior to a stated project start date.

(m) If the cost of a project is anticipated to fall below the applicable reporting limit but later exceeds it, the utility shall immediately file an E-22 form at whatever time or phase of the project it becomes apparent the limit will be exceeded. This requirement shall include projects listed in a construction budget but not highlighted in accordance with paragraph (f)(1).

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.08); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.07 E-23 Report of Interruptions of Service

(a) Each utility shall file Form E-23 monthly with the commission which shall report interruptions of service.

(b) Utilities shall include on form E-23 the following:

(1) Date;

(2) Time of interruption including start, end and total elapsed time;

(3) Location;

(4) Number of customers; and

(5) Cause of interruption.

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.09); ss by #10307, eff 4-9-13

N.H. Code Admin. R. Ann. Puc 1107.08 E-25 Report of Proposed Changes in Depreciation Rates

(a) Each utility shall file Form E-25 when it proposes any change in depreciation rates.

(b) Each utility shall include on Form E-25 the following:

(1) Name of the company;

(2) Date;

(3) Account number and title;

(4) Estimated life - present and proposed in years;

(5) Net salvage - present and proposed by percentage;

(6) Depreciation rate -present and proposed by percentage;

(7) Net annual change in dollars; and

(8) Justification and supportive documentation for the proposed change in depreciation rates.

Appendix

Provision of the Rule

Specific State Statute the Rule Implements

Puc 1101.01

RSA 365:8, XII

Puc 1102

RSA 365:8, XII

Puc 1103

RSA 365:8, XII; 370:2

Puc 1104.01

RSA 365:8, XII; 370:3-6

Puc 1104.02

RSA 365:8, XII; 370:7

Puc 1104.03

RSA 365:8, XII; 370:3; 374:13

Puc 1105

RSA 365:8, XII; 370:15; 374:37, 39, 48-56

Puc 1106.01

RSA 365:8, XII; 374:5, 13, 15

Puc 1106.02

RSA 365:8, XII; 374:8, 13

Puc 1106.03

RSA 365:8, XII; 374:8, 13

Puc 1107.01

RSA 365:8, XII; 374:2; 378:3

Puc 1107.02

RSA 365:8, XII; 369:1, 3

Puc 1107.03

RSA 365:8, XII; 374:4, 13

Puc 1107.04

RSA 365:8, XII; 374:4, 13, 15

Puc 1107.05

RSA 365:8, XII; 374:15, 37, 39

Puc 1107.06

RSA 365:8, XII; 374:13, 15

Puc 1107.07

RSA 365:8, XII; 374:4, 13, 15

Puc 1107.08

RSA 365:8, XII; 374:15

History

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.10); ss by #10307, eff 4-9-13

Chapter Puc 1300 Utility Pole Attachments

Part Puc 1301 Purpose and Applicability

N.H. Code Admin. R. Ann. Puc 1301.01 Purpose

The purpose of Puc 1300, pursuant to the mandate of RSA 374:34-a, is to ensure rates, charges, terms, and conditions for pole attachments that are nondiscriminatory, just, and reasonable. Nothing in this rule shall be construed to supersede, overrule, or replace any other law, rule, or regulation, including municipal and state authority over public highways pursuant to RSA 231:159, et seq. Rules regarding the process and timelines for pole attachment applications and agreements and related surveys, inspections, and make-ready work are set forth in chapter En 1300 adopted by the department of energy.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1301.02 Applicability

Puc 1300 shall apply to:

(a) Public utilities within the meaning of RSA 362:2, including rural electric cooperatives for which a certificate of deregulation is on file pursuant to RSA 301:57, that own, in whole or in part, any pole used for wire communications or electric distribution;

(b) Providers of “VoIP service” or “IP-enabled service,” as such terms are defined in RSA 362:7, I, to the extent provided in RSA 362:7, II and III(d) and (e); and

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (See Revision Note at chapter heading for Puc 1300)

Part Puc 1302 Definitions

N.H. Code Admin. R. Ann. Puc 1302.01 Attaching entity

“Attaching entity” means a natural person or an entity with a statutory or contract right to attach a facility of any type to a pole, including, but not limited to, telecommunications providers, cable television service providers, incumbent local exchange carriers, excepted local exchange carriers, wireless service providers, information service providers, electric utilities, and governmental entities.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.02 Commission

“Commission” means the New Hampshire public utilities commission.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1302.03) (see Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.03 Department

“Department” means the New Hampshire department of energy.

History

#13498, eff 12-1-22 (see Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.04 Excepted local exchange carrier

“Excepted local exchange carrier” means “excepted local exchange carrier” as defined in RSA 362:7, I (c), namely “(1) An incumbent local exchange carrier providing telephone services to 25,000 or more lines; or (2) An incumbent local exchange carrier providing service to less than 25,000 lines that elects to be excepted, upon the filing with the commission of a written notice advising of said election; or (3) Any provider of telecommunications services that is not an incumbent local exchange carrier.”

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.05 Facility

“Facility” means the lines, cables, wireless antennas, and any accompanying appurtenances attached to a utility pole for the transmission of electricity, information, telecommunications, or video programming for the public or for public safety purposes.

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18 ; ss by #13498, eff 12-1-22 (formerly Puc 1302.06)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.06 Federal Communications Commission (FCC)

“Federal Communications Commission (FCC)” means the U.S. government agency established by the Communications Act of 1934 and charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1302.07)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.07 Pole

“Pole” means “pole” as defined in RSA 374:34-a, I, namely “any pole, duct, conduit, or right-of-way that is used for wire communications or electricity distribution and is owned in whole or in part by a public utility, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57.”

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18 ; ss by #13498, eff 12-1-22 (formerly Puc 1302.10)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.08 Prime rate

“Prime rate” means the rate reported in the Wall Street Journal on the first business day of the month preceding the beginning of each calendar quarter, or the average of the rates so reported on that day.

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-2-22 (formerly Puc 1302.11) (see Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1302.09 Utility

“Utility” means a “public utility” as defined in RSA 362:2, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57.

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1302.12)(See Revision Note at chapter heading for Puc 1300)

Part Puc 1303 Dispute Resolution

N.H. Code Admin. R. Ann. Puc 1303.01 Voluntary Agreements

A pole attachment agreement submitted to the commission for adjudication shall be deemed a voluntary agreement pursuant to RSA 374:34-a, VII. A party filing a petition under this part shall have the burden of proving that an agreement is not just, reasonable, and nondiscriminatory.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.01)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.02 Lack of Agreement

A person requesting a pole attachment and entitled to access under these rules and unable, through good faith negotiation, to reach agreement with the owner or owners of a pole or poles subject to this chapter, may petition the commission pursuant to Puc 203 for an order establishing the rates, charges, terms, and conditions for the pole attachment or attachments. Good faith negotiation shall include adherence to the timelines established through rulemaking by the Department for negotiating and implementing pole attachments, unless each party agrees to following alternate timelines. Such a petition shall include the information required for complaints to the FCC made pursuant to the terms of 47 C.F.R. §1.1404(d) through (m) in effect on October 1, 2017.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.02)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.03 Dispute Following Agreement or Order

A party to a pole attachment agreement, or a party subject to an order of the commission establishing rates, charges, terms, or conditions for pole attachments, may petition the commission pursuant to Puc 203 for resolution of a dispute arising under such agreement or order.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.03)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.04 Unauthorized Attachments

A pole owner may, but is not obligated to, petition the commission pursuant to Puc 203 for an order directing the removal of facilities that are attached to a pole without authorization pursuant to this chapter.

History

#9073, INTERIM, eff 1-17-08; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.04)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.05 Procedure

Upon receipt of a petition pursuant to this part, the commission shall conduct an adjudicative proceeding pursuant to Puc 203 to consider and rule on the petition, and shall provide notice to affected municipalities to the extent required by RSA 541-A:39.

History

#9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.05)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.06 Rate Review Standards

(a) In determining just and reasonable rates for the pole attachments of cable television service providers, wireless service providers, and excepted local exchange carriers that are not incumbent local exchange carriers to poles owned by electric utilities or incumbent local exchange carriers under this chapter, the commission shall consider:

(1) Relevant federal, state, or local laws, rules, and decisions;

(2) The impact on competitive alternatives;

(3) The potential impact on the pole owner and its customers;

(4) The potential impact on the deployment of broadband services;

(5) The formulae adopted by the FCC in 47 C.F.R. §1.1406(d) in effect on October 1, 2022; and

(6) Any other interests of the subscribers and users of the services offered via such attachments or consumers of any pole owner providing such attachments, as may be raised.

(b) In determining just and reasonable rates for all other pole attachments under this chapter, the commission shall consider:

(1) Relevant federal, state, or local laws, rules, and decisions;

(2) The impact on competitive alternatives;

(3) The potential impact on the pole owner and its customers;

(4) The potential impact on the deployment of broadband services; and

(5) Any other interests of the subscribers and users of the services offered via such attachments or consumers of any pole owner providing such attachments, as may be raised.

History

#9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.06)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.07 Remedies

When the commission determines just and reasonable rates under this part that differ from the rates paid by the petitioner, the commission shall order a payment or refund, as appropriate. Such refund or payment shall be the difference between the amount actually paid and the amount that would have been paid under the rates established by the commission, plus interest, as of the date of the petition.

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.07)(See Revision Note at chapter heading for Puc 1300)

N.H. Code Admin. R. Ann. Puc 1303.08 Interest

Refunds or payments ordered under Puc 1304.07 shall accrue simple annual interest at a rate equal to the prime rate.

APPENDIX A

Rule

Statute

Puc 1300

RSA 374:3; RSA 374:34-a

Puc 1301.01

RSA 374:3; RSA 374:34-a

Puc 1301.02(a)

RSA 374:3; RSA 374:34-a

Puc 1301.02(b)

RSA 362:7, I-III; RSA 374:34-a

Puc 1301.02(c)

RSA 374:3; RSA 374:34-a

Puc 1302-1303

RSA 374:3; RSA 374:34-a

History

#9614, eff 12-12-09; ss by #12574, eff 9-1-1; ss by #13498, eff 12-1-22 (formerly Puc 1304.08)(See Revision Note at chapter heading for Puc 1300)

Chapter Puc 1400 Rules for Pipeline Public Utilities

Part Puc 1401 Definitions

N.H. Code Admin. R. Ann. Puc 1401.01 Pipeline public utility,

"Pipeline public utility," "pipeline utility" or "utility" means any "public utility" as defined in RSA 362:2, owning or operating any pipeline, including pumping stations, storage depots and other facilities, for the transportation, distribution or sale of gas, crude petroleum, refined petroleum products, or combinations of petroleum products.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5005, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRES: 3-27-97; ss by #6445, eff 1-28-97; ss by #8245, eff 12-31-04; ss by 10343, eff 5-22-13

N.H. Code Admin. R. Ann. Puc 1401.02 Commission

"Commission" shall mean the New Hampshire public utilities commission.

History

#6445, eff 1-28-97; ss by #8245, eff 12-31-04; ss by #10343, eff 5-22-13

Part Puc 1402 Reporting Requirements

N.H. Code Admin. R. Ann. Puc 1402.01 Reports to Commission

(a) If deemed necessary by the commission to evaluate the safe operation of gas pipelines and to fulfill its authority under RSA 374:3, each utility and any owner or operator of a pipeline facility regulated by the Federal Energy Regulatory Commission shall provide the commission, upon its request, the results of any tests and summaries of any records required under state or federal law. Such tests and summaries may include but not be limited to operating pressures, welding procedures, construction procedures, incident reporting, and accident reporting, and other practices that relate to the safe operation of pipelines.

(b) Each utility and any owner or operator of a pipeline facility regulated by the Federal Energy Regulatory Commission shall file reports with the commission on such forms as the commission shall specify as provided in Puc 1403.

PART 1403 FORMS TO BE FILED

History

#6445, eff 1-28-97; ss by #8245, eff 12-31-04; ss by #10343, eff 5-22-13

N.H. Code Admin. R. Ann. Puc 1403.01 F-22 Information Sheet

(a) Each utility shall file Form F-22:

(1) Annually; and

(2) Whenever any changes occur to the information included in a utility's current Form F-22 filing.

(b) Each utility shall include on Form F-22 the following:

(1) Name of utility;

(2) Officer’s or individual’s name, address and e-mail address to receive annual report form (PUC Form F-16);

(3) Officer’s or individual’s name, address and e-mail address to receive the utility assessment invoice;

(4) The names and titles of the principal officers of the company; and

(5) The name, title and signature of the individual who supervised the completion of the form, with date of signature.

History

#6445, eff 1-28-97 (formerly Puc 1401.01); ss by #8245, eff 12-31-04; ss by #10343, eff 5-22-13

N.H. Code Admin. R. Ann. Puc 1403.02 Annual Reporting

(a) Any owner or operator of a pipeline facility regulated by the Federal Energy Regulatory Commission shall, with respect to any such pipeline facility located or to be located in New Hampshire, file with the commission:

(1) Annually, on or before April 30 of each year, a copy of the signed original of the applicable Federal Energy Regulatory Commission annual report form (Form Number 2 or 2A) pertaining to such facility; and

(2) Concurrently upon its filing with the Federal Energy Regulatory Commission, a copy of any application for a certification of public convenience and necessity under the Natural Gas Act, 15 U.S.C. § 717f(c), with respect to any pipeline facility proposed to be located in New Hampshire.

Appendix

Puc 1401

RSA 365:8, XII

Puc 1402

RSA 365:8, XII; RSA 374:15

Puc 1403.01

RSA 365:8, V and XII; RSA 374:15

Puc 1403.02

RSA 365:8, V and XII; RSAs 374:15

Appendix B

DOCUMENTS INCORPORATED BY REFERENCE

FEDERAL STANDARDS AND FORMS

• Federal Energy Regulatory Commission Forms:

Form Number 2 – Major Natural Gas Pipeline Annual Report (Puc 1403.02(a)(1))

Form Number 2A – Non-Major Natural Gas Pipeline Annual Report (Puc 1403.02(a)(1))

Available for downloading at no charge at: http://www.ferc.gov/docs-filing/forms.asp

History

#6445, eff 1-28-97 (formerly Puc 1401.01); ss by #8245, eff 12-31-04; ss by #10343, eff 5-22-13

Chapter Puc 1600 Tariffs and Special Contracts

Part Puc 1601 Application of Rules

N.H. Code Admin. R. Ann. Puc 1601.01 Application of Rules

(a) Every utility shall file all tariffs with the commission pursuant to the requirements set forth in Puc 1600, except as provided in (b) and (c) below.

(b) Any utility which obtains more than 75% of its revenue from interstate service may, as to its service within New Hampshire, file tariffs with the commission which conform with the requirements of the federal authority to which it is subject.

(c) Telephone utilities that are “excepted local exchange carriers,” as defined in RSA 362:7, I, shall not be required to comply with this chapter with respect to any retail services provided or offered by such utilities.

(d) Water utilities meeting the definition of "utility" in Puc 602.16 and having gross annual revenues under $100,000 shall comply with tariff filing requirements pursuant to Puc 1600 unless the commission and the utility agree to alternative filings pursuant to a petition filed by the utility as specified in Puc 200.

(e) A utility shall document any request for emergency rate relief pursuant to RSA 378:9 but shall not be required to comply with the filing requirements of Puc 1600 when seeking emergency rate relief.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1602.01); ss by #10535, eff 3-4-14; ss by 14030, eff 7-25-24

Part Puc 1602 Definitions

N.H. Code Admin. R. Ann. Puc 1602.01 Above the line

“Above the line” means any amount included in the computation of utility net operating income.

History

#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1601.01); ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.02 Compliance tariff

“Compliance tariff” means a tariff or tariff pages containing schedules of rates, charges, and terms and conditions that are filed by a utility to implement a commission order. The term includes “compliance tariff pages”.

History

#8428, eff 9-10-05 (from Puc 1601.02); ss by #10535, eff 3-4-14 (from Puc 1602.01); ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.03 Full rate case

“Full rate case” means a proceeding in which a revenue requirement is established for a utility and rates set to meet that revenue requirement.

History

#8428, eff 9-10-05 (from Puc 1601.03); ss by #10535, eff 3-4-14 (from Puc 1602.02); ss by #14030, eff 7-25-24 (formerly Puc 1602.02)

N.H. Code Admin. R. Ann. Puc 1602.04 Effective date

“Effective date” means the date on which the utility is authorized to apply the schedules of rates, charges, and terms and conditions within a tariff or specific tariff pages.

History

#8428, eff 9-10-05 (from Puc 1601.04); ss by #10535, eff 3-4-14 (from Puc 1602.03); ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.05 Illustrative tariff pages

“Illustrative tariff pages” means the revisions or additions to any tariff page within an existing tariff that illustrate the tariff changes that would be included in compliance tariff pages should the commission approve the changes reflected in the illustrative tariff pages.

History

#8428, eff 9-10-05 (from Puc 1606.01); ss by #10535, eff 3-4-14 (from Puc 1602.04); ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.06 Issue date

“Issue date” means the date the utility files the tariff or tariff page to the commission.

History

#8428, eff 9-10-05 (from Puc 1601.05); ss by #10535, eff 3-4-14 (from Puc 1602.05); ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.07 Pro forma adjustment

“Pro forma adjustment” means an adjustment in the test year to arrive at an adjusted test year appropriate for a forecasted period.

History

#8428, eff 9-10-05 (from Puc 1601.06); ss by #10535, eff 3-4-14 (from Puc 1602.06); ss by #14030, eff 7-25-24 (formerly Puc 1602.03)

N.H. Code Admin. R. Ann. Puc 1602.08 Proposed tariff

“Proposed tariff” means the complete schedules of rates, charges, and terms and conditions that a utility proposes to become effective and that have not yet been approved by the commission. If the utility has a tariff currently in effect, a proposed tariff is meant to entirely supersede the existing tariff.

History

#8428, eff 9-10-05 (from Puc 1601.07); ss by #10535, eff 3-4-14 (from Puc 1602.08); ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.09 Proposed tariff revisions

“Proposed tariff revisions” mean revisions or additions to the schedules of rates, charges, and terms and conditions within an existing tariff that a utility intends to become effective and that have not yet been approved by the commission. This term includes “proposed tariff page”.

History

#10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.10 Rate

“Rate” means any charge or price, and all related service provisions for services regulated and tariffed by the commission, including, but not limited to, availability, terms of payment, and minimum service period.

History

#14030, eff 7-25-24 (formerly Puc 1602.04)

N.H. Code Admin. R. Ann. Puc 1602.11 Rate schedule

“Rate schedule” means the initial collection of information along with any revisions filed by a utility which includes the most recent rate schedule cover sheet and all effective rate sheets.

History

#14030, eff 7-25-24 (formerly Puc 1602.05)

N.H. Code Admin. R. Ann. Puc 1602.12 Revised tariff pages

“Revised tariff pages” means tariff pages that have been approved by the commission and that differ from those in the currently effective tariff.

History

#14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1602.13 Special contract

“Special contract” means rates and charges, including terms and conditions, covering service rendered under prices and conditions which vary from those contained in the filed tariff. The term does not include any contract that applies to service furnished in accordance with an existing tariff.

History

#14030, eff 7-25-24 (formerly Puc 1602.06)

N.H. Code Admin. R. Ann. Puc 1602.14 Tariff

“Tariff” means the title page and all subsequent pages and supplements containing the schedule of rates, charges, and terms and conditions in effect at a given time.

History

#14030, eff 7-25-24 (formerly Puc 1602.07)

N.H. Code Admin. R. Ann. Puc 1602.15 Test year

“Test year” means a utility's actual financial data for a 12-month period.

History

#14030, eff 7-25-24 (formerly Puc 1602.08)

N.H. Code Admin. R. Ann. Puc 1602.16 Utility

“Utility” means "public utility" as defined by RSA 362:2.

History

#14030, eff 7-25-24 (formerly Puc 1602.09)

Part Puc 1603 General Tariff Filing Requirements

N.H. Code Admin. R. Ann. Puc 1603.01 Format and Page Markings

(a) Each utility shall submit all tariff pages as follows:

(1) Using 8-1/2 inches by 11 inches sized paper;

(2) In loose leaf form;

(3) Without alterations or erasures; and

(4) In typewritten print.

(b) All tariff pages shall include the following:

(1) A header which contains, in the order presented below, the following information:

a. The tariff number, designated as “NHPUC No. ,” located in the upper left hand corner of the page;

b. The name of the utility, located in the upper left hand corner of the page directly below the tariff number; and

c. The page number and designation of page as provided in (c) below, located in the upper right hand corner of the page; and

(2) A footer which contains in the order presented below, the following information:

a. The date the tariff is issued, located in the lower left hand corner of the page;

b. The effective date of the tariff, located directly under the date the tariff is issued; and

c. The name and title of the utility official issuing the tariff, located in the lower right hand corner of the page.

Figure 16.3.1 Tariff Page Markings, Header and Footer

(Top)

NHPUC No.

Original/Replacement Page

and

Name of Company:

Section

(Bottom)

Issued:

Issued by:

Effective:

Title:

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss by #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1603.02 New Franchises; When to File Tariffs.

(a) At the time of proposing an initial franchise, a utility shall file a proposed tariff with the commission.

(b) When the commission approves the terms of a utility franchise pursuant to Puc 200, the utility shall file a tariff with the commission which complies with the terms approved.

(c) Once a utility franchise is established, the utility shall at all times maintain on file with the commission a tariff that accurately reflects any revisions to the tariff.

History

#14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1603.03 Requirements of a Tariff

(a) Every tariff shall include a title page.

(b) Each tariff title page shall include, in the order presented below, the following information:

(1) The tariff number;

(2) The type of utility;

(3) The name of the utility;

(4) The issue date of the tariff;

(5) Either the proposed effective date if a proposed tariff or the effective date authorized by commission order or other source of law if a compliance tariff;

(6) The name and title of the officer issuing the tariff on behalf of the utility;

(7) The signature of the official issuing the tariff on behalf of the utility; and

(8) When the commission approves a new tariff, the utility’s title page shall include the following information displayed at the bottom of the page:

a. A statement, which shall include the information required by (b) through (d) below, that the tariff is “Authorized by NHPUC Order No. in Docket No. , dated .”;

b. The order number which approves the tariff;

c. The commission docket number of the case; and

d. The date of the order approving the tariff.

(d) A utility shall include a table of contents with each complete tariff which provides a summary of the contents of the tariff and shall refer to “Appendix B” for the suggested format for the table of contents.

(e) A utility shall include within each tariff a description of the service area to be served by the utility.

(f) The description of service area in a tariff shall include the following:

(1) A map or maps identifying exchanges or service area or a list of all municipalities in which the utility has the authority to serve;

(2) A map or maps identifying exchanges or service area or a list of municipalities in which the utility serves less than the entire municipality; and

(3) As to municipalities in which the utility serves less than the entire municipality, a map, as specified in (j) below, on which the utility shall identify each area within a municipality which the utility shall serve.

(g) To fulfill the map requirements of (f) above, a utility shall file a map on which its service areas are properly identified, as follows:

(1) All electric, gas, and telephone utilities shall file a United States Geological Survey based map; and

(2) Utilities other than electric, gas, and telephone shall file either a United States Geological Survey based map or a municipal tax map.

(h) Utilities shall refer to “Appendix C” for the suggested format for the description of service area.

(i) The service area maps which a utility files with the commission shall be deemed to be incorporated into the utility's tariff.

(j) A utility shall provide with each tariff a full description of the rates and terms under which service shall be provided.

(k) The terms and conditions section of a tariff for items of general applicability shall include the following:

(1) The terms of and charges, where applicable, for application for service;

(2) The terms of and charges for deposits;

(3) The circumstances under which disconnection shall occur and charges associated with disconnection;

(4) The charges and consequences of failure of service; and

(5) The terms and circumstances under which line or service extensions shall be provided, including the basis for charges and refunds.

(l) A utility shall include in its tariff, where applicable, provisions under which fuel and commodity adjustments shall occur.

(m) The tariff section providing fuel and commodity adjustment terms shall include the application and basis of computing fuel and commodity adjustments.

(n) A utility shall provide with each tariff a full classification of rate or rates under which the utility shall offer service to each class of service or customer group.

(o) The service classification required by (n) above shall include a description of the following:

(1) Availability of service by class of customer and usage;

(2) General characteristics of service;

(3) Rates for service by base price or unit price, including any discounts from base price or fuel surcharge applied;

(4) Fuel or commodity adjustments, if applicable;

(5) Minimum charge, if applicable;

(6) Any minimum service period connected with a rate;

(7) Determination of demand and manner in which the demand charge is calculated for billing purposes, where applicable;

(8) Terms of payment including terms of any discounts or deductions;

(9) Discontinuance of service provisions; and

(10) Any special provisions, riders, or contract clauses affecting service classification.

(p) For gas and electric utilities, the service classification of rates required by this section shall provide classifications of separate schedules on separate pages for each classification of customer and rates with descriptive headings.

(q) Utilities shall refer to “Appendix D” for the suggested format for the description of service classification.

(r) A utility shall number each tariff sequentially according to all tariffs which it has ever filed with the commission.

(s) Except for the title page and table of contents, a utility shall consecutively number pages in each tariff, as a whole, or for each whole section, if the tariff has separately numbered sections.

(t) When a utility proposes changes or institutes approved changes in its service area, it shall file with the commission a new map or maps reflecting any such change within 10 days of the date the change goes into effect.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1603.04 Method of Filing

(a) Notwithstanding the requirements of Puc 203.02, each utility shall file an original of the tariff and all supporting documentation.

(b) Pursuant to Puc 203.03, each utility shall, in addition to filing an original, executed paper filing as required by this chapter, electronically file each tariff filing and, to the extent practicable, documentation connected therewith.

(c) For purposes of (b) above, a document shall be considered to be impracticable to electronically file if it is a document which has not been produced electronically such as certain maps, spreadsheets, or documents provided from another source.

(d) No party shall file any document with the commission by facsimile except pursuant to the procedure set forth in Puc 203.11.

(e) Utilities which lack the technological capability of electronic filing shall request a waiver of (b) and (c) above pursuant to Puc 201.05.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.03)

N.H. Code Admin. R. Ann. Puc 1603.05 Posting of Tariffs

(a) Each utility shall maintain in any office in which it receives applications for utility service, the following:

(1) A copy of its currently effective tariff which shall be available for inspection by the public; and

(2) A notice as required in (c) below, printed in bold type, posted in a public and conspicuous place within the office.

(b) To the extent practicable, a copy of the utility’s currently effective tariff posted on its website.

(1) That rates, terms and conditions filed by the utility are on file at that office and at the office of the commission; and

(2) That rates, including terms and conditions, are open to examination by any person.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.04)

N.H. Code Admin. R. Ann. Puc 1603.06 Revisions to Presently Effective Tariffs

(a) A utility that files proposed revisions to an existing tariff shall submit:

(1) The proposed tariff page on which any revision occurs; or

(2) When more than 50% of the pages of an existing tariff are proposed to be revised in a single filing, a new proposed tariff that complies with the requirements of Puc 1603.03.

(b) Each utility filing proposed tariff revisions shall file with the commission an original of the proposed tariff pages containing the changes. In addition to the proposed pages, the utility shall file a redlined version of the currently effective pages in which all proposed additions and deletions are clearly annotated or marked.

(c) Upon the commission’s approval of proposed tariff pages pursuant to Puc 200 and the utilities filing of compliance tariff pages, the utility shall file a complete updated electronic copy of its newly revised tariff.

(d) When a tariff page is to be deleted, a utility shall file a canceling page with a notation as to where the information can be found thereafter or stating that the information has been deleted, as applicable.

(e) A utility that files illustrative tariff pages, as an alternative to filing proposed tariff pages, shall submit the illustrative tariff page on which any revision occurs.

(f) Each utility filing illustrative tariff pages shall file with the commission an original of the illustrative tariff pages containing the changes. In addition to the illustrative tariff pages, the utility shall file a redlined version of the currently effective tariff pages in which all illustrative additions and deletions are clearly annotated or marked.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.05)

N.H. Code Admin. R. Ann. Puc 1603.07 Page Designations, Revised Tariff Pages

(a) A utility shall include page designations on each revised tariff page according to the requirements of this section.

(b) A utility shall designate in the upper right hand corner on each revised tariff page, on separate lines, designations indicating:

(1) The revision number of this page and the page number; and

(2) The revision which this revision supersedes, whether original, first, second or so on, and page number.

Figure 16.3.2 Page Designation

1st Revised Page 3

Superseding Original Page 3

(d) When a new tariff is filed, replacing an existing tariff, the utility shall include designations on separate lines in the upper left hand corner of the page, as follows:

(1) The title page of the new tariff shall show:

a. The number of the new tariff and the utility type; and

b. The number of the superseded tariff and the utility type; and

(2) Each page other than the title page shall show the number of the new tariff and the utility type.

(e) The designations required by (d)(1) above, to be shown on the title page of a new tariff, shall appear as in the illustration below:

Figure 16.3.3 Title Page Designation

NHPUC No. 2 - Electricity

Superseding NHPUC No. 1 - Electricity

(f) When tariff changes require that an additional page or pages be inserted, a utility shall use the same page number with a letter or numerical suffix for all additional pages.

(g) The utility shall include a designation on each added page, in the upper right hand corner of the page, which states the page number followed by a letter or numerical suffix.

(h) The designation as required by (g) above shall appear as in the illustration below:

Figure 16.3.4 Page Designation on Each Added Page

Original Page 2-A

Original Page 2.1

(i) When a proposed tariff or proposed tariff page is suspended by the commission before becoming effective, the utility shall include designations, in the upper right hand corner and on separate lines of each page affected, as follows:

(1) The number of the page revision when single tariff pages are suspended or the number of the tariff when a whole tariff is suspended, and the page number;

(2) A statement that the page or whole tariff is “Issued in lieu of”; and

(3) The number of the page revision or number of the whole tariff, as applicable, and the page number.

(j) The designations required by (i) above, the first for a suspended tariff page revision, and the second for a suspended whole tariff, shall appear as in the illustration below:

Figure 16.3.5 Page Designation for Suspensions

3rd Revised Page 2

Issued in lieu of

2nd Revised Page 2

NHPUC No. 4

Issued in lieu of

NHPUC No. 3

(k) A utility shall designate on the title page the next consecutive tariff number, the superseded tariff number, and the type of utility service.

(l) When the commission approves revised tariff pages to be inserted within the existing tariff, the utility shall file compliance tariff pages reflecting the revisions approved by the commission, bearing the notation as described in Puc 1603.03 (b)(8) above and a redlined version of the currently effected pages in which all additions and deletions are clearly annotated or marked.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.06)

N.H. Code Admin. R. Ann. Puc 1603.08 Proposed Tariffs and Proposed Tariff Pages, When Effective

(a) A proposed tariff or proposed tariff page, filed and published in accordance with RSA 378 and Puc 1600, shall become effective, unless suspended as provided in (c) below, as follows:

(1) After 30 days' notice to the commission and the providing of such notice to the public as directed by the commission; or

(2) Upon the date specified by the commission in an order.

(b) If it has not yet made a final determination under RSA 378:7 as to the fixing of rates, the commission shall, within the 30-day filing period referred to in (a)(1) above, upon its own motion, suspend any proposed tariff or proposed tariff page pursuant to RSA 378:6 or, with respect to telephone utilities, extend the time for its determination by up to 30 days pursuant to RSA 378:6, IV.

(c) During any periods when a proposed tariff or proposed tariff page is suspended as referred to in this section, a utility's presently effective tariff shall then continue in effect until further order or as provided by law.

(d) While any proposed tariff is suspended, a utility may petition for any changes in the tariff by the tariff supplement process as described in Puc 1603.08.

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.07)

N.H. Code Admin. R. Ann. Puc 1603.09 Tariff Supplements

(a) Each utility shall file a proposed tariff supplement when it proposes any of the following:

(1) To cancel a tariff or an existing supplement which is not to be superseded;

(2) To establish any change in an effective tariff for which a filed revision stands suspended;

(3) By a newly named utility, to adopt the tariff of its predecessor to become effective on the date it is filed with the commission; or

(4) To establish a temporary modification of an existing tariff.

(b) Any tariff supplement which a utility shall submit shall comply with the following:

(1) The tariff supplement itself shall be numbered serially and the pages therein shall be numbered consecutively; and

(2) The tariff supplement shall contain a title page in the same form as the title page of the tariff, with the additional notation of the supplement number, as follows:

“Supplement No. to NHPUC No. .”

History

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #5006, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1603.08)

Part Puc 1604 Full Rate Case Filing Requirements

N.H. Code Admin. R. Ann. Puc 1604.01 Contents of a Full Rate Case

(a) Notwithstanding the requirements of Puc 203.02, a utility with annual revenues of $1,000,000 or more filing a proposed tariff as part of a full rate case shall file with the commission an original of each of the following:

(1) The utility's internal financial reports for the following periods:

a. For the first and last month of the test year;

b. For the entire test year; and

c. For the 12 months or 5 quarters prior to the test year;

(2) Annual reports to stockholders and statistical supplements, if any, for the most recent 2 years;

(3) Federal income tax reconciliation for the test year;

(4) A detailed computation of New Hampshire and federal income tax factors on the increment of revenue needed to produce a given increment of net operating income;

(5) A detailed list of charitable contributions charged in the test year above the line showing donee, the amount, and the account charged according to the following guidelines:

a. If the utility’s annual gross revenues are less than $100,000,000 all contributions of $50 and more shall be reported;

b. If the utility’s annual gross revenues are $100,000,000 or more, all contributions of $2,500 and more shall be reported; and

c. The reporting threshold for a particular charity shall be on a cumulative basis, indicating the number of items comprising the total amount of contribution;

(6) A list of advertising charged in the test year above the line showing expenditure by media, subject matter, and account charged according to the following guidelines;

a. If the utility’s annual gross revenues are less than $100,000,000 all expenditures of $50 and more shall be reported; and

b. If the utility’s annual gross revenues are $100,000,000 or more, all expenditures of $2,500 and more shall be reported;

(7) The utility's most recent cost of service study if not previously filed in an adjudicative proceeding;

(8) The utility's most recent construction budget;

(9) The utility's chart of accounts, if different from the uniform system of accounts established by the commission as part of Puc 300, Puc 400, Puc 500, Puc 600, and Puc 700;

(10) The utility's Securities and Exchange Commission 10K forms and 10Q forms or hyperlinks thereto, for the most recent 2 years;

(11) A detailed list of all membership fees, dues, lobbying expenses, and donations for the test year charged above the line showing the trade, technical, and professional associations and organizations and amount, and the account charged, according to the following:

a. If the utility’s annual gross revenues are less than $100,000,000 all membership fees, dues and donations shall be reported; and

b. If the utility’s annual gross revenues are $100,000,000 or more, all membership fees, dues and donations of $5,000 and more shall be reported;

(12) The utility's most recent depreciation study if not previously filed in an adjudicative proceeding;

(13) The utility's most recent management and financial audits if not previously filed in an adjudicative proceeding;

(14) A list of officers and directors of the utility and their full compensation for each of the last 2 years, detailing base compensation, bonuses, and incentive plans;

(15) Copies of all officer and executive incentive plans;

(16) Lists of the amount of voting stock of the utility categorized as follows:

a. Owned by an officer or director individually;

b. Owned by the spouse or minor child of an officer or director; or

c. Controlled by the officer or director directly or indirectly;

(17) A list of all payments to individuals or corporations for contractual services in the test year with a description of the purpose of the contractual services, as follows:

a. For utilities with less than $10,000,000 in annual gross revenues, a list of all payments in excess of $10,000;

b. For utilities with $10,000,001 to $100,000,000 in annual gross revenues, a list of all payments in excess of $50,000; and

c. For utilities with annual gross revenues in excess of $100,000,000, a list of all payments in excess of $100,000;

d. The reporting thresholds for a particular entity shall be on a cumulative basis, indicating the number of items comprising the total amount of expenditure.

(18) For non-utility operations, the amount of assets and costs allocated thereto and justification for such allocations;

(19) Balance sheets and income statements for the previous 2 years if not previously filed with the commission;

(20) Quarterly income statements for the previous 2 years if not previously filed with the commission;

(21) Quarterly sales volumes for the previous 2 years, itemized for residential and other classifications of service, if not previously filed with the commission;

(22) A description of the utility's projected need for external capital for the 2 year period immediately following the test year;

(23) The utility's capital budget with a statement of the source and uses of funds for the 2 years immediately following the test year;

(24) The amount of outstanding short term debt, on a monthly basis during the test year, for each short-term indebtedness;

(25) If a utility is a subsidiary, a certificate of an appropriate official of the subsidiary detailing any expense of the parent company which was included in the subsidiary's cost of service; and

(26) Support for figures appearing on written testimony and in accompanying exhibits.

(b) Notwithstanding the requirements of Puc 203.02, a utility with annual revenues of less than $1,000,000 filing a proposed tariff as part of a full rate case shall file with the commission an original of each of the following:

(1) A detailed list of charitable contributions charged in the test year above the line, showing donee, the amount, and the account charged;

(2) A detailed list of advertising charges in the test year above the line, showing donee, the amount, and the account charged;

(3) The utility’s most recent construction budget;

(4) The utility’s chart of accounts, if different from the uniform system of accounts established by the commission as part of Puc 300, Puc 400, Puc 500, Puc 600, and Puc 700;

(5) A detailed list of all membership fees, dues, lobbying expenses and donations charged in the test year above the line, showing donee, the amount, and the account charged;

(6) Copies of any depreciation studies if not previously filed in an adjudicative proceeding;

(7) Copies of any management or financial audits which the utility has not submitted to the commission;

(8) A list of officers, executives, and directors of the utility and their full compensation for each of the last 2 years, detailing base compensation, bonuses, and incentive plans;

(9) A list of all payments to individuals or corporations for contractual services in the test year with a description of the purpose of the contractual services;

(10) For non-utility operations, the amount of assets and costs allocated thereto and justification for such allocations;

(11) Balance sheets and income statements for the previous 2 years if not previously filed with the commission;

(12) Quarterly income statements for the previous 2 years if not previously filed with the commission;

(13) Quarterly sales volumes for the previous 2 years, itemized for residential and other classifications of service, if not previously filed with the commission;

(14) A description of the utility’s projected need for external capital for the 2 year period immediately following the test year; and

(15) Support for figures appearing on written testimony and in accompanying exhibits.

(c) Pursuant to Puc 203.03, each utility shall, in addition to filing an original, executed paper filing and copies thereof as required by this chapter, electronically file each document, to the extent practicable, in a format compatible with the computer system of the commission.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.02 Procedure and Contents of Full Rate Case Proposal

(a) Notwithstanding the requirements of Puc 203.02, each utility filing a proposed rate change as part of a full rate case shall file with the commission an original of the following:

(1) A cover letter summarizing the requested rate relief and the nature and magnitude of the requested changes;

(2) A “Report of Proposed Rate Changes,” which shall set forth the following:

a. Rate or class of service;

b. Effect of proposed change showing increases, decreases, and net changes in each rate classification separately, where applicable;

c. Average number of customers;

d. Estimated annual revenue under present rates and under proposed rates; and

e. Proposed rates by amount and percentage increase or decrease;

(3) Written direct testimony;

(4) A “Filing Requirement Schedule” for the appropriate utility area of the utility, as established by Puc 1604.07; and

(5) A copy of the proposed statement to be transmitted to the utility's customers pursuant to En 1203.02(c) and (d).

(b) Utilities shall refer to “Appendix F” and “Appendix G” for examples of the suggested format for the “Report of Proposed Rate Changes” required by (a)(2) above.

(c) Pursuant to Puc 202.08, each utility shall, in addition to filing an original, executed paper filing and copies thereof as required by this chapter, electronically file each document, to the extent technologically feasible, in a format compatible with the computer system of the commission.

(d) The commission shall maintain a list on its website of the types of electronic file formats compatible with its computer system.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.03 Publication of Proposed Rate Change

(a) A utility shall notify the public of a proposed rate change by publishing an order of notice issued by the commission.

(b) The commission's order of notice shall:

(1) Plainly state the existing rates, the proposed rates and the proposed effective date thereof;

(2) Be written in such a way as to be understood by the customers affected; and

(3) Include the commission docket number.

(c) For those rate cases involving multiple services and classes of service, the commission's order of notice shall include a summary of the charges for the major classes of service rather than delineating all charges to all classes of service.

(d) The utility shall publish the order of notice no less than 14 days prior to the hearing or pre-hearing conference before the commission or, in the event no hearing is ordered, prior to the effective date.

(e) The utility shall publish the notice required by this section as directed by the commission.

(f) The utility shall provide to the commission prior to the effective date of any proposed tariffs and an affidavit of publication of the notice required by (a) above.

(g) In addition to publication of the order of notice, the commission shall require dissemination of notice, and the utility shall complete such dissemination, to individual customers when there is reason to believe the customers are unlikely to see a published notice, as in the case of a seasonal community.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.04 Attestation

(a) Each utility shall submit to the commission, along with any proposed or compliance tariff filing, a signed, written attestation by the officer in charge of the utility accounts.

(b) The attestation required by (a) above shall state:

"I affirm, based on my personal knowledge, information, and belief, that the cost and revenue statements and the supporting data submitted, which purport to reflect the books and records of the company, do in fact set forth the results shown by such books, records and that all differences between the books and the test year data and any changes in the manner of recording an item on the utility's books during the test year, have been expressly noted."

(c) A utility which operates in any state other than New Hampshire may limit its response to the items required in this section to the utility's New Hampshire operations, unless the commission determines information that has been submitted by the utility shall not be sufficient to allow the commission to properly evaluate the proposed tariff.

(d) A utility shall file an additional copy of the documentation required by this section as follows:

(1) With the New Hampshire office of the consumer advocate at the same time the utility files its proposed case with the commission; and

(2) With any intervenor, in the event the commission grants the intervenor's petition to intervene consistent with proprietary protection as granted by the commission.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.05 Notice of Intent to File Rate Schedules

(a) Any utility intending to file a proposed rate schedule change pursuant to RSA 378:7 shall file with the commission and the New Hampshire office of consumer advocate written notice of its intent to file rate schedules at least 30 days prior to the actual filing of such schedules.

(b) The notice required by (a) above shall state the approximate amount of the proposed change in rates.

(c) Compliance with (a) and (b) above shall be deemed to have expired if the utility has not filed its proposed rate schedule with the commission by the earlier of the following:

(1) Within 60 days of the commission's receipt of the written notice required in (a) above; or

(2) If the commission has granted a utility's request for a waiver pursuant to Puc 201.05 of the 30 day notice requirement of (a) above and authorized it to file its proposed rate schedule earlier than 30 days, by the date established by such waiver.

(d) When a utility proposes that tariff revisions shall become effective on less than 30 days notice to customers, the utility shall submit a written request, which shall describe the reason for the request, for a waiver pursuant to Puc 201.05 for such authority.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.06 Filing Requirement

As part of a filing for a full rate case, a utility shall complete and submit to the commission the Filing Requirement Schedules, which are set forth in detail in Puc 1604.07.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.07 Contents of Filing Requirement

(a) A utility shall include with its rate case filing each of the following:

(1) “Computation of Revenue Deficiency”;

(2) “Schedule 1 - Operating Income Statement”;

(3) “Schedule 1 Attachment - Pro Forma Adjustment Income or Expense”;

(4) “Schedule 1A - Property Taxes”;

(5) “Schedule 1B - Payroll”;

(6) “Schedule 1C - Normalization”;

(7) “Schedule 2 - Assets and Deferred Charges”;

(8) “Schedule 2A - Stockholders Equity and Liabilities”;

(9) “Schedule 2B- Material and Supplies";

(10) “Schedule 2C - Contributions in Aid of Construction”;

(11) “Schedule 3 - Rate Base”;

(12) “Schedule 3A - Working Capital”;

(13) “Schedule 3 Attachment - Pro Forma Adjustment Rate Base”; and

(14) “Schedule 3 Attachment - Name of Account”.

(b) The “Computation of Revenue Deficiency” schedule for the test year ended shall include for the actual test period, the proposed required increase, and the pro forma test period, the following:

(1) Rate base from “Schedule 3-Rate Base”;

(2) Rate of return;

(3) Income required;

(4) Adjusted net operating income from “Schedule 1”;

(5) Income deficiency;

(6) Tax effect by percentage; and

(7) Revenue deficiency.

(c) A utility shall provide on a document entitled “Schedule 1 - Operating Income Statement” revenue figures for the 12-month period, pro forma adjustments, adjustments to the test year, first preceding year, and second preceding year.

(d) All utilities shall provide on the “Schedule 1 - Operating Income Statement” for each of the categories specified in (b) above, operating revenues and expenses, as follows:

(1) Total operating revenues; and

(2) Operating expenses, categorized as follows:

a. Fuel;

b. Production expenses;

c. Power purchased and interchanged;

d. Total cost of power;

e. Other operations;

f. Customers' accounting;

g. General administration;

h. Energy applications;

i. Customer service and sub-total;

j. Depreciation;

k. Investment tax credit adjustment;

l. Taxes other than income;

m. Taxes based on income;

n. Deferred taxes, including federal income taxes, and taxes from unbilled fuel costs; and

o. Total operating expenses and grand total.

(e) In addition to the requirements of (d) above, gas utilities shall also include the following:

(1) Operating revenues which include:

a. Firm revenues net of cost of gas adjustment (CGA);

b. Other revenues net of CGA;

c. CGA over or under collection; and

d. Total revenues; and

(2) Operating expenses for:

a. Cost of gas for firm customers;

b. Cost of gas for non-firm customers;

c. Production expenses;

d. Distribution;

e. Customer accounting;

f. Sales and new business;

g. Administrative and general;

h. Amortization; and

i. Operating rents.

(f) In addition to the requirements of (d) above, telephone utilities shall also include the following:

(1) Operating revenues, less uncollectible operating revenues for:

a. Local service revenues;

b. Toll service revenues;

c. Access revenues; and

d. Miscellaneous revenues less uncollectible operating revenues;

(2) Total operating revenue; and

(3) Operating expenses for:

a. Plant specific;

b. Plant non-specific;

c. Customer operations;

d. Corporation operations;

e. Other expenses as specified;

f. Accelerated depreciation; and

g. Income credits and charges resulting from prior deferrals of federal income taxes.

(g) In addition to the requirements of (d) above, water and sewer utilities shall also separately list:

(1) Revenues on a monthly basis or, if revenues are not available on a monthly basis, on a quarterly basis; and

(2) Expenses categorized by:

a. Production;

b. Distribution;

c. Sales and new business;

d. Administrative;

e. General; and

f. Amortization.

(h) A utility shall provide on an individual document entitled “Schedule 1 Attachment - Pro Forma Adjustment Income or Expense,” for each pro forma adjustment, an income or expense sheet identifying:

(1) The name of the account;

(2) A detailed explanation of the adjustment and reasons for the adjustment;

(3) A description of data and source of data;

(4) Comparable data and source for at least 2 preceding years, where applicable;

(5) Calculation of adjustments including explanation and justification of method used; and

(6) The dollar amount of adjustment.

(i) A utility shall provide on a document entitled “Schedule 1A - Property Taxes” a listing of property taxes identifying the following:

(1) Municipality where taxes paid;

(2) Period of taxation;

(3) Amount paid;

(4) Amount accrued;

(5) Amount not applicable to utility operations;

(6) Pro forma adjustments;

(7) Pro forma property tax;

(8) The tax rate; and

(9) Whether a discount was available, the tax rate, and whether the utility used the discount.

(j) A utility shall provide on a document entitled “Schedule 1B - Payroll,” payroll figures for the 12-month test year, pro forma adjustments, and pro forma test year, the following:

(1) Operation;

(2) Maintenance;

(3) Construction;

(4) Plant removal; and

(5) Any other accounts relating to payroll.

(k) Gas utilities shall provide a document entitled “Schedule 1C - Normalizations” and shall show thereon abnormal casualty losses, other extraordinary normalizations, and weather normalizations on the basis of actual and normal degree days calculated separately for each test year month.

(l) A utility shall provide a document entitled “Schedule 2 - Assets and Deferred Charges” including the following:

(1) A balance sheet of assets and deferred charges for the 12-month period; and

(2) The test year average of 13 monthly or 5 quarterly balance sheets for the first preceding year and second preceding year.

(m) A utility shall provide for the periods shown in (l) above, a balance sheet of assets and deferred charges for the following:

(1) Plant;

(2) Other property;

(3) Investments and funds;

(4) Current, accrued, and other assets;

(5) Special deposits; and

(6) Prepaid accounts and deferred charges.

(n) A utility shall provide on a document entitled “Schedule 2A – Stockholders Equity and Liabilities” a balance sheet for:

(1) The 12-month period; and

(2) The test year of 13 monthly or 5 quarter average for the first preceding year and second preceding year.

(o) A utility shall provide for the periods set forth in (n) above, stockholder equity as to each of the following:

(1) Common stock equity and surplus;

(2) Long term debt;

(3) Preferred stock;

(4) Current and accrued liabilities;

(5) Deferred credits;

(6) Operating reserves;

(7) Accumulated deferred taxes on income; and

(8) Contributions in aid of construction.

(p) A utility shall provide on a document entitled “Schedule 2B – Material and Supplies” indicating materials and supplies for:

(1) The test year; and

(2) The 13 monthly or 5 quarter average for the first preceding year and second preceding year.

(q) A utility shall describe, for the periods set forth in (m) above, materials and supplies, as to the following:

(1) Transmission and distribution inventory;

(2) Appliance inventory;

(3) Other material and supplies;

(4) Maintenance inventory;

(5) Station repair inventory; and

(6) Telephone utilities only, non-telephone inventories;

(r) Water and sewer utilities shall provide a document entitled “Schedule 2C - Contribution in Aid of Construction” showing:

(1) The name of contributor and year received;

(2) Actual amount;

(3) Original annual amount booked; and

(4) Depreciation taken on contributed capital.

(s) A utility shall provide on a document entitled “Schedule –3 - Rate Base,” for the jurisdictional pro forma test year average, jurisdictional 13 monthly or 5 quarter average, pro forma test year average and total 13 monthly or 5 quarter average, the following:

(1) Plant in service minus accumulated depreciation;

(2) Plant held for future use;

(3) Net utility plant plus cash working capital, material, and supplies and prepayments minus deferred taxes, investment tax credit, customer deposits, and customer advances;

(4) Rate base;

(5) Net operating income applicable to the rate base; and

(6) The rate of return.

(t) A utility shall describe on a document entitled “Schedule 3A - Working Capital,” its working capital, based on a detailed lead-lag study or a formula based on the length of ½ of the utility’s billing cycle plus 30 days.

(u) If a utility uses a lead-lag study as allowed in (t) above, the utility shall provide working papers showing the computation of working capital.

(v) A utility shall explain in detail in a document entitled “Schedule 3 Attachment-Pro Forma Adjustment Rate Base” the adjustment and how it was calculated.

(w) A utility shall provide a document entitled “Schedule 3 Attachment-Name of Account” which shall show, for each rate base item, the name of the account on which the item was entered for each month of the test year average, including the 13 monthly or 5 quarterly average.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; amd by #10837, eff 5-23-15; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.08 Rate of Return Information

(a) Each utility filing for a change in the rate proposed to be charged for any service shall complete and provide the rate of return schedules, called “Rate of Return Information Required of All Electric, Gas, Telephone, Water, and Sewer Utilities”, the specific requirements of which are set forth in (c) below.

(b) Utilities shall refer to “Appendix I" for the suggested format for the schedules required in (c) below in the “Rate of Return Information Required of All Electric, Gas, Telephone, Water, and Sewer Utilities.”

(1) Schedule 1, “Overall Rate of Return,” showing the component ratio, component cost rate, and weighted average cost rate of:

a. Common and preferred stock;

b. Long and short term debt; and

c. The total of a. and b.;

(2) Schedule 2, “Capital Structure for Ratemaking Purposes”, showing the amount and component ratio for:

a. Common equity, stock, surplus, retained earnings, and capital stock expenses;

b. Preferred stock equity, stock, and capital stock expenses;

c. Long term debt, mortgage debt, long term notes, pollution revenue control bonds, industrial revenue bonds, capital lease, unamortized premium and discount, and unamortized expenses;

d. Short term debt and notes payable;

e. Deferred taxes; and

f. Total capital;

(3) Schedule 3, “Historical Capital Structure as of December 31 or Other Fiscal Year End For Each Year”, for each of the preceding 5 years showing:

a. Common and preferred stock;

b. Long and short term debt;

c. Deferred taxes;

d. Investment tax credit; and

e. The total of a. through d. above;

(4) Schedule 4, “Capitalization Ratios at December 31 or for Other Fiscal Year End”, for each of the preceding 5 years showing the information as found in (c)(2) a. through f. above, which may be shown without deferred taxes and investment tax credits;

(5) Schedule 5, “Weighted Average Cost of Long-Term Debt”, showing, for each entry, the following:

a. Item;

b. Date issued;

c. Face amount;

d. Financing costs;

e. Net proceeds ratio;

f. Outstanding amount;

g. Cost rate based upon net proceed;

h. Annual cost;

i. Total amount outstanding; and

j. Weighted average cost rate;

(6) Schedule 6, “Cost of Short-Term Debt”, showing the cost rate, outstanding amount, and annual cost for:

a. Bank loans;

b. Loans from individuals;

c. Commercial paper; and

d. Weighted average cost;

(7) Schedule 7, “Weighted Average Cost of Preferred Stock”, showing, for each entry, the following:

a. Item;

b. Date sold;

c. Financing;

d. Net proceeds ratio;

e. Outstanding amount;

f. Cost rate based upon net proceeds;

g. Annual cost;

h. Total amount outstanding; and

i. Weighted average cost rate;

(8) Schedule 8, “Cost of Common Equity Capital,” showing the rate of return on common equity; and

(9) Schedule 9, a “Report of Proposed Rate Changes,” including the following:

a. Rate or class of service;

b. Effect of proposed change showing increases, decreases, and net changes in each rate classification separately, where applicable;

c. Average number of customers;

d. Annual revenue under present rates and under proposed rates;

e. Proposed annual change in revenues by amount and by percentage;

f. Proposed change in rates by amount and by percentage;

g. Signature and title of signatory; and

h. Title section showing the utility's name, date filed, tariff number, tariff page numbers, and effective date.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1604.09 Adjustments to Test Year

(a) A utility shall provide an explanation with its proposed tariff of any change in the manner of recording accounting data on the utility's books during the test year.

(b) As to the explanation of any adjustment in the manner of recording data as required by (a) above, a utility shall provide with its proposed tariff a justification for the change and an explanation of its financial impact.

(c) A utility shall make adjustments in projections to reflect what the utility reasonably anticipates for the following:

(1) All items of unusual magnitude which occurred during the test year, but which are not expected to recur beyond the test year; and

(2) All items which are fixed, determinable, and likely to occur in the future, but which did not occur during the test year.

(d) A utility shall describe in detail and justify all aspects of any adjustment and shall complete a “Schedule 1 Attachment-Pro Forma Adjustment Income or Expense” appropriate to the particular utility area as required by Puc 1604.07(a)(3).

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

Part Puc 1605 Service or Tariff Change

N.H. Code Admin. R. Ann. Puc 1605.01 Service or Tariff Change

(a) “Service or tariff change” as defined in this section means any proposed change in any rate, fare, charge, price, or the terms or conditions under which service shall be provided, including, but not limited to, the following:

(1) A fuel or commodity adjustment;

(2) A purchased power adjustment;

(3) A line or main extension; and

(4) A new service.

(b) If the commission determines that a filing results in a significant change to the return on the cost of the property of the utility used and useful in the provision of services, less accrued depreciation, then the filing shall not be deemed to be a service or tariff change case and the utility shall file according to the requirements of Puc 1604.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1605.02 Service or Tariff Change, Filing Requirements

(a) Notwithstanding the requirements of Puc 203.02, in a service or tariff change filing, a utility shall file one original of each of the following:

(1) A cover letter summarizing the proposed tariff change and, where applicable, percentage change in existing rate and revenue effect;

(2) Annotated, redlined, and clean tariff pages showing the proposed changes as required pursuant to Puc 1604;

(3) Supportive narrative, testimony, or technical statement;

(4) Supportive schedules documenting the adjustments and supporting the calculations made in the proposal; and

(5) Any additional documentation required by the commission pursuant to (b) below.

(b) Pursuant to Puc 203.03, each utility shall electronically file each document, to the extent technologically feasible, in a format compatible with the computer system of the commission.

(c) If the commission determines that a utility has submitted, as part of a service or tariff change filing, information not sufficient to enable the commission to properly evaluate the proposed change in tariff, the commission shall notify the utility as to such further documentation required by Puc 1603 and Puc 1604 which the utility shall be required to file.

(d) The utility shall submit additional documentation requested by the commission pursuant to (c) above.

(e) Until all documentation required pursuant to (a)(1) through (4) above has been submitted, the tariff filing shall not be deemed to be complete.

(f) A utility which files documents under this section shall comply with all applicable requirements of Puc 1603.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

N.H. Code Admin. R. Ann. Puc 1605.03 Publication of Proposed Tariff Change

When a utility proposes a service or tariff change pursuant to this part, it shall publish notice of the proposed service or tariff change pursuant to the requirements set forth in Puc 1604.03.

History

#6573, eff 9-10-97; ss #8428, eff 9-10-05; ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24

Part Puc 1606 Implementation of Rate Changes

N.H. Code Admin. R. Ann. Puc 1606.01 Implementation of Rate Changes.

(a) For purposes of this section, "unbilled revenues" means under collection of approved rates resulting from failure on the part of the utility to implement the rate on its effective date.

(b) Unless a utility petitions the commission for a waiver, all rate changes implemented as a result of a commission order, including changes occurring as a result of a default energy service, rate reconciliation, or cost of gas adjustment proceeding, shall be implemented on the basis of service rendered on or after the effective date of the approved rate change.

(c) When petitioning pursuant to Puc 201.05 for a waiver of the service-rendered basis presumption of (b) above, the utility shall, in addition to whatever else it might provide in making its petition, describe how, to the extent applicable, collection of the rate change on an other than service-rendered basis will:

(1) Be less confusing to customers;

(2) Cost less to implement;

(3) Allow the utility to more closely match its revenue to its expenses; and

(4) Give customers adequate notice of the changes in rates applicable to their usage.

(d) In the event of unbilled revenues, a utility may collect the unbilled, unpaid balance only after:

(1) Providing the commission with the information listed in (e) below; and

(2) Petitioning in writing for and obtaining commission authorization.

(e) A utility seeking approval to collect unbilled revenues shall provide to the commission in writing, the following:

(1) A description of the failure to bill;

(2) An explanation of why the failure occurred;

(3) The amount of unbilled revenues the utility is seeking to collect;

(4) The proposed time period over which the utility proposes to recover the unbilled, unpaid balance and the utility's rationale for such action;

(5) The impact on the monthly bills of customers; and

(6) The number and percentage of customers included in the approved rate change who are affected by the error.

(f) The commission shall not authorize collection of unbilled revenues unless it determines that:

(1) The utility's error was inadvertent;

(2) The time period for collection of the unbilled revenues does not impose undue hardship on ratepayers; and

(3) The proposed collection are just and reasonable.

History

#14030, eff 7-25-24

Part Puc 1607 Special Contracts

N.H. Code Admin. R. Ann. Puc 1607.01 Effective Date of Special Contract

A utility shall not provide service under a special contract until the commission has issued written approval of the terms of the proposed special contract pursuant to this part or by operation of RSA 378:18.

History

#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1606.02); ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1606.01)

N.H. Code Admin. R. Ann. Puc 1607.02 Filing Requirements

(a) Each utility shall comply with filing requirements relating to special contracts, as follows:

(1) Any utility which proposes a special contract shall file the terms of the proposed agreement at least 30 days before its proposed effective date;

(2) If both parties to the proposed contract are utilities, the seller of utility services shall be responsible for filing;

(3) An authorized official from the utility shall sign the special contract filing;

(4) A utility shall file a special contract filing, including letters of transmittal and all supportive documentation, as follows:

a. With the commission;

b. With the office of consumer advocate, one hard copy; and

c. Pursuant to Puc 203.03, electronically file each document, to the extent technologically feasible, in a format compatible with the computer system of the commission.

(5) In the case of special contracts for electric service, the utility shall file a written statement of the customer to the special contract confirming that the tariffed rate will not serve its needs.

(b) A utility shall include as part of any proposed special contract filing, a statement describing the special circumstances that justify the departure from its existing tariff.

History

#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1606.03); ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1606.02)

N.H. Code Admin. R. Ann. Puc 1607.03 Procedural Requirements

(a) A utility shall make a copy of any special contract to which it is a party available for inspection by any person at its principal office unless:

(1) A protective order from the commission provides otherwise; or

(2) The contract contains information exempt from public inspection pursuant to RSA 91-A:5.

(b) Any person shall be permitted to inspect a copy of any proposed or existing special contract at the office of the commission unless:

(1) A protective order from the commission provides otherwise; or

(2) The contract contains information exempt from public inspection pursuant to RSA 91-A:5.

(d) Any change to a special contract shall be filed as an amendment, except as limited by (e) below.

(e) A change which exercises an option clearly delineated in the original contract shall not be deemed an amendment.

(f) An amendment in a special contract shall not become effective until approved by the commission.

(g) A utility shall provide to the commission upon request a list of all special contracts currently in effect.

(h) A utility shall notify the commission of the termination of any special contract for any reason whatsoever, on any date prior to the expiration date provided in the contract.

History

#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1606.04); ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1606.03)

N.H. Code Admin. R. Ann. Puc 1607.04 Format of Special Contracts

(a) A utility shall number each special contract serially in order of filing date.

(b) Each utility shall provide a title page to any proposed and existing special contract.

(1) The serial number of the contract;

(2) The serial number of any superseded contract, if applicable;

(3) The names of the parties to the contract;

(4) The date of execution of the contract;

(5) The effective date of the contract, if known; and

(6) The date of termination of the contract, if known.

(d) Utilities shall refer to “Appendix H” for the suggested format for a title page to a special contract.

(e) The commission shall use the standards established in RSA 378:18, 378:18-a and 378:18-b in the review and approval of special contracts.

Appendix

Rule

Specific State Statute the Rule Implements

Puc 1601.01(a) - (d)

RSA 365:8

Puc 1601.01(e)

RSA 365:8, RSA 378:9

Puc 1602.01 - 1602.16

RSA 365:8

Puc 1603.01 - 1603.09

RSA 365:8; RSA 378:1-3

Puc 1604.01 - 1604.09

RSA 365:8, RSA 378:5-10

Puc 1605.01 - 1605.03

RSA 365:8, RSA 378:6

Puc 1606.01

RSA 365:8, RSA 363-B

Puc 1607.01-1607.04

RSA 365:8, RSA 378:18

History

#6573, eff 9-10-97; ss and moved by #8428, eff 9-10-05 (from Puc 1606.05); ss by #10535, eff 3-4-14; ss by #14030, eff 7-25-24 (formerly Puc 1606.04)

Chapter Puc 1800 Administration of New Hampshire Code for Energy Conservation in New Building Construction

Part Puc 1801 Definitions

N.H. Code Admin. R. Ann. Puc 1801.01 Applicant

“Applicant” means the general contractor, builder, owner or other person submitting an application to the commission or local authority having jurisdiction, as applicable, for certification of design compliance with the energy code.

History

#4702, eff 11-16-89; ss by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.02 Application

"Application" means application EC-1, dated March, 2015 forms, plans and specifications, compliance materials, and any additional material submitted to the commission or local authority having jurisdiction, as applicable, for review for compliance with the energy code.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.03 Certificate of compliance

"Certificate of compliance" means the document EC-3, dated March 2015 issued by the commission certifying approval of an application pursuant to RSA 155-D:4, IV or V.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.04)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.04 Commission

"Commission" means the New Hampshire public utilities commission.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.05)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.05 Energy code

“Energy code” means the "Code for Energy Conservation in New Building Construction'' as defined by RSA 155-D: II, or those portions of the New Hampshire state building code, which pertains to energy efficiency, found at http://www.nh.gov/safety/boardsandcommissions/bldgcode/nhstatebldgcode.html.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.06)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.06 REScheck

“REScheck” means the computer software program and paper forms designed to allow an applicant to calculate and demonstrate compliance of a structure with the energy code.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.07 Non-residential building

“Non-residential building” means any building or structure which is not a residential building.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.09)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1801.08 Residential building,

“Residential building,” as referenced in RSA 155-D:3, II, means:

(a) Any detached one or 2 family dwelling;

(b) Any other dwelling three stories or less in height; and

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.10)
#10908, eff 8-8-15

Part Puc 1802 Application of Rules

N.H. Code Admin. R. Ann. Puc 1802.01 Application of Rules to New Buildings and Structures

All new buildings and structures or portions thereof and additions or alterations to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage and residential occupancy, as well as those portions of factory and industrial occupancies designed primarily for human occupancy within New Hampshire shall comply with the minimum design and construction requirements, as set forth in the energy code.

History

#4702, eff 11-16-89; ss by #6152, INTERIM, eff 12-26-95, EXPIRED 4-24-96
#6333, eff 9-17-96; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1802.02 Application of Rules to Existing Buildings and Structures

A change in occupancy or use of an existing building which would require an increase in demand for either fossil fuel or electrical energy supply to heat or cool the structure shall, pursuant to RSA 155-D:8, comply with the requirements of the energy code.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

Part Puc 1803 Methods of Compliance Regarding Design

N.H. Code Admin. R. Ann. Puc 1803.01 Design Approval Required

(a) No building design shall be considered approved pursuant to Puc 1800 and RSA 155-D without the issuance of an approval number by the commission, except as provided in (b) and (c) below.

(b) A building design that a local authority having jurisdiction has approved in writing pursuant to RSA 155-D:4, II shall be deemed approved pursuant to (a) above.

(1) Plans have been certified as complying with the energy code by an architect or engineer pursuant to RSA 155-D:4,VI; or

(2) Plans have been deemed to be approved due to failure of the commission to act on a completed application within 15 working days of submittal pursuant to RSA 155-D:4, V.

History

#4702, eff 11-16-89; ss by #6152, INTERIM, eff 12-26-95, EXPIRED 4-24-96
#6333, eff 9-17-96; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1803.02 Demonstrating Compliance with the Design Requirements of Puc 1800

(a) An applicant shall demonstrate that any building to be constructed and subject to the requirements of 1802.01 meets or exceeds the minimum construction standards of the energy code, by one of the following methods:

(1) As to a residential building:

a. By showing compliance on an application either electronic or hard-copy;

b. By showing compliance by entering construction design data in the computer software program, REScheck, or a New Hampshire version of REScheck;

c. By a certification issued by an architect or engineer, pursuant to Puc 1803.03;

d. By a certification issued by the manufacturer, if a manufactured or prefabricated structure, that the building is in compliance with the energy code, a nationally recognized equivalent of the energy code applicable in the state of manufacture, or applicable federal standards; or

e. By showing a standard design approval, pursuant to Puc 1803.04; or

(2) As to a non-residential building:

a. By a certification issued by an architect or engineer, pursuant to Puc 1803.03;

b. By showing compliance by entering constructions standards data in a computer software program, such as ComCheck, or its equivalent, recognized by the American Society of Heating, Refrigerating and Air-conditioning Engineers, Inc./Illuminating Engineering Society of North America (ASHRAE/IES) to show compliance with the applicable portions of the energy code.

c. By showing compliance on an application developed by the commission;

d. By showing a standard design approval, pursuant to Puc 1803.04; or

e. By a certification issued by the manufacturer, if a manufactured or prefabricated structure, that the building is in compliance with the energy code or a nationally recognized equivalent of the energy code applicable in the state of manufacture.

History

#4702, eff 11-16-89; amd by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1803.03 Architect's or Engineer's Certification

(a) Pursuant to RSA 155‑D:4, VI, and VII, all architects or engineers registered and practicing in New Hampshire shall certify in writing to the commission and to the local authority having jurisdiction in whose jurisdiction the building is located, that any building or structure which they design and that any blueprint to which they affix their professional seal, meets or exceeds the requirements of the energy code.

(b) Any architect or engineer issuing certification pursuant to RSA 155‑D:4, VI, and VII shall provide, in writing, to the commission and to the local authority having jurisdiction, the following:

(1) The name, address, signature and telephone number of the certifying architect or engineer;

(2) The registration stamp and registration number of the certifying architect or engineer;

(3) The tax map and lot number, and the county, town and street location of the project;

(4) The name, address and telephone number of the project owner;

(5) The name, address and telephone number of the general contractor if known at the time of certification; and

(6) A certification statement as follows:

“The proposed structure has been designed and reviewed by the architect or engineer and determined to be in compliance with all applicable requirements of RSA 155‑D and the energy code adopted pursuant thereto.”

(c) Any architect or engineer providing the certification described in this section shall be registered and practicing in the state of New Hampshire.

(d) An architect or engineer shall be deemed to be "practicing in New Hampshire," referred to in (c) above, if he or she has a working knowledge of all relevant New Hampshire building codes and the energy code, for the purpose of designing a structure in compliance with the energy code.

History

#4702, eff 11-16-89; ss by #6152, INTERIM, eff 12-26-95, EXPIRED 4-24-96
#6333, eff 9-17-96; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1803.04)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1803.04 Standard Design

(a) If an applicant has previously received a certificate of compliance for an identically designed structure and the energy code requirements applicable to the structure have not been revised or amended since the issuance of the certificate of compliance, the applicant may:

(1) Provide the prior approval number;

(2) Complete, sign and date the application;

(3) Omit from the application materials architectural drawings and proof of compliance; and

(4) Submit the material described in (1) through (3) above as a completed application.

(b) The standard design method of demonstrating energy code compliance, as specified in (a) above, may be used with residential and non-residential buildings.

(c) Plans which have been deemed to be automatically approved due to failure of the commission to act on a completed application within 15 working days of submittal, pursuant to RSA 155-D:4, V, shall not be deemed to be previously approved plans, for purposes of this section.

History

#4702, eff 11-16-89; ss by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1803.05)
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1803.05 Certificate of Compliance with the Design Requirements of Puc 1800

(a) The commission shall issue to the applicant a certificate of compliance, pursuant to RSA 155-D:4, IV, with the design requirements of the energy code if:

(1) The commission determines that the applicant has demonstrated, pursuant to Puc 1803, that the design of the building complies with the energy code; or

(2) The commission, pursuant to RSA 155-D:4,V, has failed to act on a completed application within 15 working days of submission of the completed application.

(b) The applicant shall, prior to obtaining a building permit, submit the certificate of compliance issued by the commission to the appropriate authority having jurisdiction responsible for the issuance of building permits, as evidence of compliance with the design requirements of Puc 1800.

History

#4702, eff 11-16-89; amd by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 8-31-15 (formerly Puc 1803.06)
#10908, eff 8-8-15

Part Puc 1804 Application Process

N.H. Code Admin. R. Ann. Puc 1804.01 Content of Applications

(a) Each applicant shall show in sufficient detail in the application documents, pertinent data and features of the building project and the equipment and systems as are necessary to demonstrate compliance with the energy code, including but not limited to, the following:

(1) Design criteria;

(2) Exterior envelope component materials;

(3) U-values of the envelope systems;

(4) R-values of insulating materials;

(5) Size and type of apparatus and equipment;

(6) Equipment and systems controls;

(7) Energy calculations, if applicable; and

(8) Other pertinent data to indicate conformance with the requirements of the energy code.

(b) Each applicant shall include with each application for review of a building for compliance with the energy code, the following:

(1) A completed, signed electronic copy of EC-1 application form dated March 2015 and available on the commission website at www.puc.nh.gov;

(2) Architectural drawings of the building as necessary to demonstrate compliance with the energy code; and

(3) A printout of the results of the REScheck computer software as necessary to demonstrate compliance with the energy code; and

(4) A certification by the applicant, as follows:

“I hereby certify that all the information contained in this application is true and correct, and construction shall comply in all respects with the terms and specifications of the approval given by the Public Utilities Commission and with the New Hampshire Code for Energy Conservation in New Building Construction.”

(1) Show the exterior dimensions of all heated living spaces;

(2) Show all window and exterior door locations;

(3) Label alphabetically all window and door locations on the floor plan to coincide with the list of windows and doors required by (c)(8) below;

(4) Show all floor plan perimeter dimensions;

(5) Show the finished wall height for each heated floor in the structure;

(6) Provide elevation drawings for any floors where there are cathedral, roof deck or sloping ceilings;

(7) Provide elevation drawings which identify:

a. The dimensions of the flat ceiling area;

b. The length of slope;

c. The height of any knee walls;

d. The height of any full height walls;

e. The distance from the knee wall to the exterior wall;

f. The distance from the knee wall to the opposite wall; and

g. The dimensions of dormer walls and skylight shafts.

(8) Provide a list of windows and doors, collectively fenestration, which:

a. Identifies each fenestration component alphabetically;

b. States the U or R‑value of each fenestration component;

c. Lists the quantity of each fenestration component by size;

d. Identifies the roughed-out dimensions of each fenestration component in decimals of a foot or inches or any combination thereof; and

e. Provides the total square foot area of all rough openings for each fenestration component; and

f. Provides the total square foot rough-opening dimensions of all fenestration components.

(e) In the window and door schedules required by (c) (8) above, applicants shall meet the following requirements:

(1) Descriptions of each fenestration component;

(2) The U or R‑values for each different fenestration component shall also be listed on the window and door schedule;

(3) Basement windows shall be separately listed on the schedule; and

(4) Basement windows shall be included in the glazing total only when foundation walls enclose heated living space.

(f) The architectural drawings required by (b)(2) above shall meet the following requirements:

(1) The drawings shall, in addition to meeting the specific requirements of this section, provide, pursuant to (a) above, any additional information necessary to allow determination of compliance with RSA 155-D and Puc 1800;

(2) The maximum size of any prints submitted shall be 18 inches by 24 inches, if possible; and

(3) Each drawing shall contain a scale of the drawings shown in feet and inches.

History

#4702, eff 11-16-89; ss by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1804.02 Procedure Relating to Applications

(a) Applicants may submit applications to the commission in any of the following forms:

(1) In paper form, by facsimile or electronically; or

(2) In electronic form, using REScheck, found at energycodes.gov/rescheck, as follows:

a. On computer storage device; or

b. By electronic mail to energycodes@puc.nh.gov, or by paper filing.

(b) Any application submitted electronically shall not be deemed received, for purposes of the response within 15 working days deadline of RSA 155-D:4, V, until such application has been deemed to be complete. The failure of an applicant to respond to an inquiry by the commission within 10 business days of such inquiry shall render the application rejected. The application materials shall not be completed in pencil or by any other non-permanent marking method.

(c) If an applicant makes a substantive revision to an application, including but not limited to a revision to a design specification, after the application has been submitted to the commission, the applicant shall date and initial in ink or electronically the revision made to the application.

(d) The date of the revision, as described in (c) above, shall constitute, for purposes of RSA 155-D:4,V, a new receipt date for the application.

(e) For purposes of RSA 155-D:4, V, an application shall not be considered received by the commission until all material required to be submitted has been submitted.

(f) An owner of a building for which plans and specifications have been approved by an architect or engineer pursuant to RSA 155-D:4, VI shall submit to the commission in lieu of an application, the certification required in Puc 1803.04 (b).

History

#4702, eff 11-16-89; ss by #5643, eff 7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

N.H. Code Admin. R. Ann. Puc 1804.03 Appeals Process

(a) Any applicant whose application has been initially disapproved by the commission may request an informal reconsideration conference with the director of the sustainable energy division at the commission.

(b) The director of the sustainable energy division at the commission, or his or her designee, shall hold an informal conference requested pursuant to (a) above, within 10 working days of the request for a conference.

(c) Within 10 working days of the informal conference referred to in (a) above, the director of the sustainable energy division shall, pursuant to RSA 541-A:29, II(a):

(1) Issue a written decision which shall:

a. Affirm, reverse or modify the decision on the application; and

b. Summarize the results of the informal conference and the basis for the decision; and

(2) Provide a copy of the written decision, referred to in (c)(1) above, to the applicant.

(d) Any applicant dissatisfied with the decision of the director of the sustainable energy division may request in writing, within 10 working days of receipt of the written decision, a formal hearing before the commission, pursuant to Puc 203, to review the decision.

History

#6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

Part Puc 1805 Evidence of Compliance of the Completed Building

N.H. Code Admin. R. Ann. Puc 1805.01 As-Built Construction Certification Required

(a) Prior to occupancy of a building for which compliance with the energy code is required, certification as demonstrated by the issuance of an EC-3 form dated March 2015 that the building as constructed complies with the energy code shall be provided as required by this section.

(b) In those municipalities which issue certificates of occupancy, the owner‑builder or general contractor shall submit to the appropriate authority having jurisdiction responsible for the issuance of certificates of occupancy, written or electronic certification that the building has been constructed as specified in the application and in conformance with the energy code.

(c) In those municipalities which do not issue certificates of occupancy, the owner‑builder or general contractor shall submit to the authority having jurisdiction and to the owner or buyer of the building written or electronic certification that the building has been constructed as specified in the application and in conformance with the energy code.

(d) The individual operating as the owner-builder or general contractor issuing the certification required by (b) and (c) above shall include in the certification the requirements contained in form EC-3, as provided in (e) below.

(e) The owner-builder or general contractor shall include on form EC-3, the certification of energy code compliance, the following:

(1) The name of the owner, builder or general contractor submitting the form;

(2) The name of the company the owner, builder or general contractor is representing;

(3) Identification of the building being certified, including the tax map and lot number, the street address, the municipality and the county wherein the property is located;

(4) The date on which all New Hampshire energy code related components and systems have been installed on the building being certified;

(5) A statement as follows:

“The building being certified meets or exceeds the requirements of the New Hampshire Code for Energy Conservation in New Building Construction and RSA 155-D and complies in all respects with the statements and information supplied on and in connection with the application for certificate of compliance approved by the Public Utilities Commission.”;

(6) The signature of the builder or contractor; and

(7) The date of the signature.

APPENDIX

Rule

Statute

Puc 1801.01 – 1801.08

RSA 365:8, XII

Puc 1802.01

RSA 365:8, XII; RSA 155-D:3; 42 U.S.C. §§ 6201 et seq.

Puc 1802.02

RSA 155-D:7; RSA 155-D:8; RSA 365:8, XII; 42 U.S.C § § 5401 - 5426

Puc 1803.01

RSA 155-D:4; RSA 155-D:5

Puc 1803.02

RSA 155-D:4, IV, V & VII

Puc 1803.03

RSA 155-D, VI & VII

Puc 1803.04

RSA 155-D:4, V, VI & VII

Puc 1803.05

RSA 155-D:4, IV & V

Puc 1804.01

RSA 155-D; RSA 365:8, XII

Puc 1804.02

RSA 155-D:4, V & VI

Puc 1804.03

RSA 541-A:29, II(a); RSA 365:8, XII

Puc 1805.01

RSA 365:8, XII, RSA 155-D:4, IV, V, VI & VII

History

#4702, eff 11-16-89; ss by #6152, INTERIM, eff 12-26-95, EXPIRED 4-24-96
#6333, eff 9-17-96; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
#8958, eff 7-31-07, EXPIRED: 7-31-15
#10908, eff 8-8-15

Chapter Puc 1900 Rate Case Expenses

Part Puc 1901 Purpose

N.H. Code Admin. R. Ann. Puc 1901.01 Purpose

(a) The purpose of this chapter, pursuant to RSA 365:8, I, (j), and consistent with the intent of RSA 363:17-a, is to ensure equitable reimbursement of rate case expenses, to establish requirements for utilities to properly document and control rate case expenses, and to limit the impact of rate case expenses on ratepayers.

(b) This chapter establishes criteria for determining whether the rate case expenses that have been incurred by a utility are just and reasonable and are in the public interest.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1902 Application of Rules

N.H. Code Admin. R. Ann. Puc 1902.01 Application of Rules

Chapter Puc 1900 shall apply to any “utility” as defined in Puc 1903.08.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1903 Definitions

N.H. Code Admin. R. Ann. Puc 1903.01 Commission

“Commission” means the New Hampshire public utilities commission.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.02 Department

“Department” means the New Hampshire department of energy

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.03 Final order

“Final order” means an order of the commission, issued pursuant to RSA 541-A:35, rendering its final determination on permanent rates.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.04 Full rate case

“Full rate case” means a proceeding in which a revenue requirement is established for a utility and rates are set to meet that revenue requirement pursuant to Puc 1604.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24 (formerly Puc 1903.03)

N.H. Code Admin. R. Ann. Puc 1903.05 Non-recurring expenses

“Non-recurring expenses” means those expenses not regularly recurring as part of a utility’s operating costs.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.06 Rate case expenses

“Rate case expenses” means those non-recurring expenses incurred by a utility in the preparation or presentation of a full rate case proceeding before the commission, necessary for the conduct of the rate case.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.07 Service provider

“Service provider” means any natural person or legal entity who provides expert, consulting, administrative, or legal services to a utility and whose services are not already included in the utility’s revenue requirement.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1903.08 Utility

“Utility” means any public utility as defined in RSA 362:2 and RSA 362:4.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24 (formerly Puc 1903.07)

Part Puc 1904 Approval by Commission

N.H. Code Admin. R. Ann. Puc 1904.01 Approval Required Prior to Recovery

No utility shall recover from its ratepayers any rate case expense unless such expense has first been found by the commission to be just and reasonable and in the public interest and otherwise conforms to the requirements of Chapter Puc 1900.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1904.02 Criteria for Determining Allowed Rate Case Expenses

(a) In ruling upon rate case expenses the commission shall determine whether:

(1) An expense is properly recoverable as an allowed rate case expense pursuant to Puc 1906;

(2) The expense is an actual, known, and measurable expense associated with a full rate case proceeding, defined in Puc 1903.04; and

(3) Recovery of the expense is just, reasonable, and in the public interest.

(b) In making the above determinations, the commission shall consider:

(1) Whether the issues presented are novel or complex;

(2) The cost of the service provided to prepare and present the rate case;

(3) Where appropriate, any information concerning the customary fee for similar services, including the fees rendered in the relevant market to companies of similar size in matters of similar importance to the client;

(4) Whether the work was relevant and reasonably necessary to the rate case proceeding and the extent to which the services contributed to the efficient resolution of matters presented;

(5) Whether the utility used a competitive bidding process, when required, pursuant to Puc 1905.03 and Puc 1905.04, and in selecting a winning bidder considered information concerning the availability, experience, quality and cost of services provided;

(6) The experience and ability of the service provider;

(7) Whether the request for a rate change was just and reasonable; and

(8) Other factors as may be considered relevant to a particular rate case proceeding.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1905 Procedures for Filing for Recovery of Expenses

N.H. Code Admin. R. Ann. Puc 1905.01 Estimated Rate Case Expenses

(a) Consistent with the utility’s duty to keep the commission and the department informed pursuant to RSA 374:4, at the time a utility files the materials required for a full rate case pursuant to Puc 1604, and every 90 days thereafter during the pendency of the rate case, the utility shall also file with the commission and the department items (1) through (3) below:

(1) A detailed description of rate case expenses actually incurred as of the date of the filing and projected total rate case expenses that include:

a. The name of the service provider;

b. The procurement process;

c. The amount of the expense; and

d. A description of the charge or service rendered;

(2) A list of all services to be rendered on behalf of the utility in the full rate case by any vendor; and

(3) The total estimated costs of each service.

(b) The filing of the information listed in (a) above shall not constitute or imply commission approval of the expenses.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1905.02 Deadline for Filing Recovery Request

A utility seeking recovery of rate case expenses shall file its request for recovery pursuant to Parts Puc 202 and 203 along with all supporting documentation, with the commission no later than 30 days after the commission’s final order pursuant to Puc 1903.03.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1905.03 Documentation of Expenses Required

For each expense filed with the commission for recovery as a rate case expense, the utility shall provide detailed evidence of all rate case expenses and any related allocations including:

(a) All invoices paid or to be paid;

(b) Name of each vendor;

(d) A description and date of the charge or service rendered;

(e) A statement that the expense is consistent with the utility’s written procurement policy;

(f) The utility’s procurement policy in place at the time the expenses were incurred;

(g) The contract entered into that generated the expense; and

(h) A statement of whether the contract was obtained after negotiations or competitive bid.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

N.H. Code Admin. R. Ann. Puc 1905.04 Additional Requirements for Service Providers

(a) All utilities serving 600 customers or more and hiring service providers for use in a full rate case shall acquire such services through a competitive bidding process if the expense for such service is estimated to be or is $10,000 or greater.

(b) Except if not necessary under (a), for each service provider used, the utility shall also include a certification that:

(1) The utility used a competitive bidding process, and in selecting the winning bidder, considered information concerning the availability, experience, customary fees for similar services, quality, and cost of the service provider; and

(2) The time spent on the rate case by the service provider was undertaken in an efficient and cost effective manner.

(c) If a utility is required to use a competitive bidding process pursuant to Puc 1905.04(a) and engages a service provider who is not the lowest bidder in a competitive bidding process, the utility shall provide clear and convincing justification of its decision to do so.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1906 Expenses Recoverable as Rate Case Expenses

N.H. Code Admin. R. Ann. Puc 1906.01 Allowed Expenses

(a) The commission shall determine pursuant to Puc 1904 the recovery of actual, known, and measurable rate case expenses from a full rate case, defined in Puc 1903.04, provided the expenses are related to the rate case, just and reasonable and in the public interest.

(b) Such rate case expenses may include as follows:

(1) Costs related to the preparation of items required as part of a full rate case, pursuant to PART Puc 1604;

(2) Expert consultant fees;

(3) Legal and accounting fees;

(4) Expenses associated with changing billing systems to reflect temporary and permanent rate changes;

(5) Travel expenses;

(6) Administrative costs such as postage costs, publication costs, photocopying expenses, and transcription costs; and

(7) Such other similar expenses that are related to the preparation or presentation of a full rate case, defined by Puc 1903.04, as determined by the commission after its review.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1907 Expenses Not Recoverable as Rate Case Expenses

N.H. Code Admin. R. Ann. Puc 1907.01 Expenses Not Allowed

Expenses not recoverable as rate case expenses shall include:

(a) Expenses for matters handled by service providers that are typically performed by utility management and staff of the utility, based on their experience, expertise, and availability;

(b) Expenses typically included in a utility’s test-year revenue requirement or any expense for which recovery is prohibited by other commission rule.

(d) Expenses for first class airfare, gifts, or alcohol;

(e) Lobbying expenses;

(f) Interest charges on rate case expenses; and

(g) Such other similar expenses that are not related or material to the preparation or presentation of a full rate case, as determined by the commission after its review.

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Part Puc 1908 Surcharges for the Recovery of Rate Case Expenses

N.H. Code Admin. R. Ann. Puc 1908.01 Recovery through Rate Surcharge

Approved rate case expenses shall be included in rates through the imposition of a surcharge to rates.

APPENDIX

Rule

Specific State Statute the Rule Implements

Puc 1900

RSA 365:8, I, (j)

History

#10461, eff 11-15-13; ss by #13905, eff 3-19-24

Chapter Puc 2000 Competitive Electric Power Supplier and Aggregator Rules

Part Puc 2001 Purpose and Application of the Rules

N.H. Code Admin. R. Ann. Puc 2001.01 Purpose

The purpose of Puc 2000 is to establish a procedure, in addition to Puc 200, to adjudicate the department of energy’s petitions alleging sanctionable events and the transfer of customer complaints against competitive electric power suppliers and aggregators registered with the department of energy under RSA 374-F:7 and En 2000.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

N.H. Code Admin. R. Ann. Puc 2001.02 Application of Rules

(a) This chapter shall apply to competitive electric power suppliers as defined in Puc 2002.04, and aggregators as defined in Puc 2002.02.

(b) This chapter shall not apply to municipalities operating municipal electric utilities under RSA 38, or to municipalities or counties providing electricity or aggregating within the boundaries of participating municipalities under RSA 53-E, or to utilities as defined in Puc 2002.10.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

N.H. Code Admin. R. Ann. Puc 2001.03 Waiver of Rules

The commission shall consider and determine any request for a waiver from the provisions of these rules pursuant to Puc 203.01.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

Part Puc 2002 Definitions

N.H. Code Admin. R. Ann. Puc 2002.01 Aggregate

“Aggregate” means to combine the electricity loads of 2 or more customers or a single customer with multiple meters or multiple locations.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.01 and Puc 2002.02)

N.H. Code Admin. R. Ann. Puc 2002.02 Aggregator

“Aggregator” means any person or entity, other than a utility, that aggregates electric load or serves as a broker on behalf of a competitive electric power supplier, an individual customer, a group of customers, or any combination thereof. An aggregator does not take ownership of the electricity. The term does not include any employee aggregating load or brokering electricity supply on behalf of the employee’s employer.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17 (from Puc 2002.01); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.03)

N.H. Code Admin. R. Ann. Puc 2002.03 Commission

“Commission” means the New Hampshire public utilities commission.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10 (from Puc 2002.06); ss by #12372, eff 11-1-17 (from Puc 2002.04); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.07)

N.H. Code Admin. R. Ann. Puc 2002.04 Competitive electric power supplier (CEPS)

“Competitive electric power supplier (CEPS)” means any person or entity that sells or offers to sell all-requirements electricity supply service to retail customers, including net metering customers, in this state using the transmission or distribution facilities of a utility. A CEPS takes ownership of the electricity it sells. The term does not include any utility or any municipal or county corporation operating within its corporate limits or submetering at campgrounds as described in RSA 362:3-a.

History

#9774-A, eff 8-26-10 (from Puc 2002.07); ss by #12372, eff 11-1-17 (from Puc 2002.05); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.08)

N.H. Code Admin. R. Ann. Puc 2002.05 Customer

“Customer” means any person or entity in this state, including any governmental unit, which purchases electricity at retail, and is the customer of record on the utility account.

History

#12372, eff 11-1-17 (from Puc 2002.06); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.10)

N.H. Code Admin. R. Ann. Puc 2002.06 Department

“Department” means the New Hampshire department of energy

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.14)

N.H. Code Admin. R. Ann. Puc 2002.07 ISO New England, Inc. (ISO-NE)

“ISO New England, Inc. (ISO-NE)” means the entity serving as the regional transmission operator which oversees the operation of New England's bulk electric power generation and transmission system and administers the regional wholesale markets for electric energy and other electricity products, or its successors.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.17)

N.H. Code Admin. R. Ann. Puc 2002.08 Principals

“Principals” means, for a corporation, any of its officers, directors, or controlling shareholders, for a limited liability company, any of its managers or controlling members, for a partnership, any of its general partners, and for any other business entity, any of its personnel exercising executive functions and any of its controlling equity owners.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.19)

N.H. Code Admin. R. Ann. Puc 2002.09 Sanctionable event

“Sanctionable event” means a CEPS or aggregator has:

(a) Violated any provision of the rules included in this chapter or in En 2000;

(b) Violated the requirements of RSA 374-F:7 or any other provision of RSA Title XXXIV applicable to CEPS or aggregators; or

(c) Engaged in any unfair or deceptive acts or practices in the marketing, sale, or solicitation of electricity supply or related services.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.20)

N.H. Code Admin. R. Ann. Puc 2002.10 Utility

“Utility” means any electric generation, transmission, or distribution company meeting the definition of a public utility under RSA 362:2 and RSA 362:4-a, and includes rural electric cooperatives.

History

#12372, eff 11-1-17 (from Puc 2002.09); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.24)

Part Puc 2003 Consumer Protection Requirements

N.H. Code Admin. R. Ann. Puc 2003.01 Environmental Disclosure

(a) The CEPS shall provide environmental disclosure information using the format and methodology as required by this section.

(b) The environmental disclosure label shall:

(1) Identify the environmental characteristics of the sources’ energy mix for the service including at a minimum air emissions information for sulfur dioxide (SO2), nitrogen oxides (NOx), and carbon dioxide (CO2);

(2) Compare the source and emission data of the source energy mix to the average energy mix of the power available from ISO-NE, as specified in the system mix report available from the New England Power Pool Generation Information System (GIS);

(3) Present the energy sources used to generate the electricity, including, at a minimum, biomass, coal, hydro, imported power, landfill gas, municipal trash, natural gas, nuclear, oil, other renewable, solar, and wind, and their respective contributions, by percentage, to the total source energy mix for the service;

(4) Contain explanatory language at the top of the label which states “Electric providers are required by the New Hampshire Public Utilities Commission to provide customers with an environmental disclosure label with information to evaluate services offered by competitive suppliers and electric utilities, and to provide information about the environmental and public health impacts of electric generation. Further information can be obtained by calling your electric utility or competitive electric supplier or by contacting the Public Utilities Commission. Additional information on disclosure labels is also available at http:/www.puc.nh.gov or on your electric provider’s website.”; and

(5) Define the term “power sources” as “The electricity you consume comes from the New England power grid, which receives power from a variety of power plants and transmits the power as needed to meet the requirements of all customers in New England. When you choose a power supplier, that supplier is responsible for generating and purchasing power that is added to the power grid in an amount equivalent to your electricity use. “Known Resources” include resources that are owned by, or under contract to, the supplier. “System Power” represents power purchased in the regional electricity market. Electric suppliers are required to obtain a certain amount of renewable energy in accordance with RSA 362-F, the state’s renewable portfolio standard law. They may also choose to obtain amounts of renewable energy above their legal obligation.”

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10 (from Puc 2004.04); ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2004.05)

N.H. Code Admin. R. Ann. Puc 2003.02 Transfer of Customers Resulting from Unexpected Cessation of CEPS Service

In the event of suspension from regional market participation by ISO-NE or another event causing the CEPS to be unable to provide service to its customers within the state, the CEPS shall pay reparations for customers losses if ordered by the commission following a proceeding conducted in accordance with the Puc 200 rules.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2004.16)

Part Puc 2004 Enforcement Provisions and Procedures

N.H. Code Admin. R. Ann. Puc 2004.01 Department Petitions to the Commission.

Upon receipt of a petition filed by the department alleging a sanctionable event pursuant to En 2005.01, the commission shall begin adjudicative proceedings in accordance with RSA 541-A:31 and Puc 200.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.01)

N.H. Code Admin. R. Ann. Puc 2004.02 Prospective Suspension of Marketing and Sales Activities

(a) If the commission finds, after notice and an opportunity to be heard and after consideration of the factors described in Puc 2004.05, that a sanctionable event has occurred with respect to a CEPS or aggregator and that the interests of customers of the CEPS or aggregator would be protected by such action, the commission shall suspend the right of the CEPS or aggregator to engage in marketing or sales activities on a prospective basis for a specified period of time not to exceed the remaining term of the CEPS’s or aggregator’s current registration with the department.

(b) Upon the issuance by the commission of an order under (a) above, the CEPS or aggregator shall not engage, either directly or indirectly, in any marketing or sales activities in the state with respect to the supply of electricity or the procurement of such supply during the specified period of time.

History

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.02)

N.H. Code Admin. R. Ann. Puc 2004.03 Suspension of Registration of CEPS or Aggregator

(a) If the commission finds, after notice and an opportunity to be heard and after consideration of the factors described in Puc 2005.05, that a sanctionable event has occurred with respect to a CEPS or aggregator and that the interests of customers of the CEPS or aggregator would not be harmed by such action, the commission shall suspend the registration of the CEPS or aggregator for a specified period of time not to exceed the remaining term of the CEPS’s or aggregator’s current registration with the department.

(b) Upon the issuance by the commission of an order under (a) above, the registration of the CEPS or aggregator shall be suspended and the CEPS or aggregator shall not provide service, either directly or indirectly, to any customers in the state with respect to the supply of electricity or the procurement of such supply during the specified period of suspension.

(c) The CEPS or aggregator subject to a suspension order issued under (a) above shall make arrangements for all of its customer accounts to be transferred and provide prior written notice to customers of such transfers in compliance with the provisions of such order and the requirements of this chapter and En 2000. The CEPS or aggregator shall provide the commission and the department with written confirmation and supporting evidence that it has complied with the foregoing requirements.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.03)

N.H. Code Admin. R. Ann. Puc 2004.04 Revocation of Registration of CEPS or Aggregator

(b) Upon the issuance by the commission of an order under (a) above, the registration of the CEPS or aggregator shall be revoked and the CEPS or aggregator shall not provide service, either directly or indirectly, to any customers in the state with respect to the supply of electricity or the procurement of such supply from and after the effective date of revocation.

(c) The CEPS or aggregator subject to a revocation order issued under (a) above shall make arrangements for all of its customer accounts to be transferred and provide prior written notice to customers of such transfers in compliance with the provisions of such order and the requirements of this chapter and En 2000. The CEPS or aggregator shall provide the commission and the department with written confirmation and supporting evidence that it has complied with the foregoing requirements.

History

#12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.04)

N.H. Code Admin. R. Ann. Puc 2004.05 Factors to be Considered Regarding Sanctions

(a) The amount of any fines to be assessed pursuant to RSA 374-F:7, III, the period and scope of any suspension under Puc 2004.02 or Puc 2004.03, as applicable, or the decision to revoke the registration of a CEPS or aggregator under Puc 2004.04, shall be determined based on consideration of the following factors:

(1) The severity of the sanctionable event;

(2) Whether the sanctionable event was unintentional or immaterial;

(3) Whether the CEPS or aggregator acted in good faith to comply with all applicable statutory and regulatory requirements;

(4) Mitigating circumstances, if any, with respect to the sanctionable event; and

(5) Other relevant information pertaining to the business practices of the CEPS or aggregator and its principals.

(b) For the purposes of this section, “mitigating circumstances” means facts, actions, or conditions which might excuse or justify a particular course of action.

History

#12372, eff 11-1-17 (from Puc 2005.01); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.05)

N.H. Code Admin. R. Ann. Puc 2004.06 Commission Adjudication of Customer Complaint

(a) Pursuant to Puc 203.06 and Puc 203.07, customer complaints transferred to the commission for adjudication shall be in the form of a petition.

(b) Pursuant to RSA 541-A:31, RSA 365:4, and RSA 365:5, the commission shall commence an adjudicative proceeding to resolve the customer complaint petition against a CEPS or aggregator alleging that the CEPS or aggregator is not in compliance with the provisions of En 2000.

APPENDIX

Rule

Specific State Statute the Rule Implements

Puc 2001

RSA 365:8, I

Puc 2002

RSA 365:8, I

Puc 2003

RSA 365: 8, I; RSA 378:49

Puc 2004

RSA 365:8, I; RSA 365:5; RSA 541-A:30, II; RSA 541-A: 31; RSA 374-F:7, III

History

#12372, eff 11-1-17 (from Puc 2005.02); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.07)

Chapter Puc 2100 Affiliate Transactions Rules

Part Puc 2101 Applicability

N.H. Code Admin. R. Ann. Puc 2101.01 Purpose

Puc 2100 sets forth certain standards of conduct and related procedures governing the relationship between a utility and its affiliates transacting business in New Hampshire.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2101.02 Scope

Puc 2100 shall apply to all utilities as defined in Puc 2102.12.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2101.03 Communications Allowed

Nothing in this chapter shall prohibit communications between a utility and its affiliates necessary to:

(a) Provide default service as approved by the commission pursuant to RSA 369-B or RSA 374-F; or

(b) Restore service or to prevent or respond to emergency conditions.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2101.04 Circumvention Prohibited

A utility shall not:

(a) Use communications necessary under Puc 2101.03 to circumvent the requirements of this chapter or RSA 366;

(b) Enter into any contract or arrangement with an affiliate that would circumvent the requirements of this chapter or RSA 366; or

(c) Take any other actions either directly or indirectly through an affiliate to circumvent the requirements of this chapter or RSA 366.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

Part Puc 2102 Definitions

N.H. Code Admin. R. Ann. Puc 2102.01 Affiliate

“Affiliate” means “affiliate” as defined in RSA 366:1, II.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.02 Commission

“Commission” means the New Hampshire public utilities commission.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.03 Competitive affiliate

“Competitive affiliate” means any affiliate of a utility that is engaged in the sale or marketing of products or services on a competitive basis and includes any competitive energy affiliate.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.04 Competitive energy affiliate

“Competitive energy affiliate” means any competitive affiliate of a utility that is engaged in the sale, brokering, or marketing of natural gas or electricity to retail customers, the development of an energy related generation, transmission, or distribution project, or the provision of related products or services. “Competitive energy affiliate” does not include an affiliate to the extent that the affiliate performs corporate support services for the utility as described in Puc 2105.04.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.05 Customer information

“Customer information” means any non-public information and data specific to a utility customer that the utility acquires or develops in the course of its provision of utility services.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.06 Department

“Department” means the New Hampshire department of energy.

History

#14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2102.07 Distribution system information

“Distribution system information” means information concerning the specific location or characteristics of part or all of the utility’s distribution system or other non-customer-specific non-public information that is not available on an equivalent basis to non-affiliated competitors.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2102.07); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.06)

N.H. Code Admin. R. Ann. Puc 2102.08 Fully loaded cost

“Fully loaded cost” means the direct cost of goods, products, or services plus all applicable indirect charges and overheads.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2102.09); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.07)

N.H. Code Admin. R. Ann. Puc 2102.09 Non-affiliated competitor

“Non-affiliated competitor” means any entity that is not an affiliate and that is engaged in the sale or marketing of products or services where such product or service is also provided by a competitive affiliate, and includes any non-affiliated energy competitor.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.08)

N.H. Code Admin. R. Ann. Puc 2102.10 Non-affiliated energy competitor

“Non-affiliated energy competitor” means any entity that is not an affiliate and that is engaged in the sale, brokering, or marketing of natural gas or electricity to retail customers, the development of an energy related generation, transmission, or distribution project, or the provision of related products or services.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.09)

N.H. Code Admin. R. Ann. Puc 2102.11 Substantial control

“Substantial control” as used in the definition of “affiliate” at RSA 366;1, II means the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of an entity. “Substantial control” includes a minority voting interest established by a direct or indirect voting interest of 10 percent or more in the entity.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2102.12); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.10)

N.H. Code Admin. R. Ann. Puc 2102.12 Utility

“Utility” means a “public utility” as defined in RSA 362:2.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.11)

N.H. Code Admin. R. Ann. Puc 2102.13 Utility employee

“Utility employee” means an officer, director, employee, or agent of the utility who has specific knowledge of or who accesses customer information or distribution system information that could provide a competitive affiliate with an undue advantage.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2102.13); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formally Puc 2012.12)

Part Puc 2103 Nondiscrimination

N.H. Code Admin. R. Ann. Puc 2103.01 Tariff Provision Allows Discretion

If a tariff provision allows for discretion in its application, a utility and its employees shall apply that tariff provision in a non-discriminatory manner.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.02 Preferences to Competitive Affiliates Regarding Products and Services, Distribution System Information, and Customer Information.

(a) A utility shall provide its products and services, including but not limited to terms and conditions, pricing, and timing, to competitive affiliates, and to non-affiliated competitors in a non-discriminatory manner.

(b) A utility shall provide access to distribution system information to its competitive affiliates and to non-affiliated competitors in a non-discriminatory manner.

(c) A utility shall not allow an employee, officer, director, or agent of a competitive affiliate access to customer information except as permitted in accordance with Puc 2104.01.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2102.12); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.03 Conduct of Distribution System Operations and Access to System Control Operations by Competitive Affiliates

A utility shall not allow an employee, officer, director, or agent of a competitive affiliate to:

(a) Conduct distribution system operations; or

(b) Have access to system control centers or similar facilities used by distribution operations in any way that differs from the access available to employees of non-affiliated competitors.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.04); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.04 Provision of Products and Services to Competitive Energy Affiliates

If a utility provides its competitive energy affiliate any product or service other than general and administrative support services pursuant to Puc 2105.04, it shall make the same products or services available to non-affiliated energy competitors in a non-discriminatory manner.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.05); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.05 Access to Distribution Facilities by Energy Competitors and Offering of Supply, Capacity, Regulated Utility Services, and Distribution System Information to Competitive Energy Affiliates

(a) A utility shall provide competitive energy affiliates and non-affiliated energy competitors access to its distribution facilities on the same terms and conditions.

(b) If a utility offers supply, capacity, regulated utility services, or distribution system information to its competitive energy affiliates, it shall contemporaneously make the offering available to non-affiliated energy competitors in a non-discriminatory manner.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.06); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.06 Offer and Posting of Discounts, Rebates, and Waivers to Competitive Affiliates and Competitive Energy Affiliates

(a) If a utility is authorized by a commission rule or order to offer a discount, rebate, or waiver of all or any part of any other charge or fee to its competitive energy affiliates for the provision of regulated utility service, or to offer a discount, rebate, or waiver for a transaction in which its competitive energy affiliates are involved, and in accordance with such authority the utility offers such discount, rebate, or waiver, then the utility shall contemporaneously make such discount, rebate, or waiver available to non-affiliated energy competitors serving the same market in a non-discriminatory manner.

(b) Within 5 days of commission approval, a utility shall post any such approved discount, rebate, or waiver on an internet web page directly and conspicuously linked to its home page or on a page directly linked to such internet web page for the duration of the commission’s approval. The utility shall file a screen shot of the internet web page and the information and disclaimer required by (c) and (d) below within 30 days of commission approval.

(1) The name of the competitive energy affiliate involved in the transaction;

(2) The competitive energy affiliate’s role in the transaction, such as aggregator, supplier, marketer, or project developer;

(3) The rate charged or a description of the discount, rebate, or waiver;

(4) The maximum rate;

(5) The time period for which the discount, rebate, or waiver applies;

(6) The quantities involved in the transaction;

(7) The delivery points involved in the transaction;

(8) Any conditions or requirements applicable to the discount, rebate, or waiver, and a documentation of the cost differential underlying the discount; and

(9) Procedures by which a non-affiliated energy competitor may request a comparable offer.

(d) The competitive energy affiliate discount page and associated pages shall provide a disclaimer stating that:

(1) The page is intended to provide notice to all non-affiliated energy competitors of any discount for regulated utility services provided by a utility to its own competitive energy affiliate so that non-affiliated energy competitors may avail themselves of any such discount; and

(2) The page also is intended to indicate that a utility’s competitive energy affiliate has no preferential access to services.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.07); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.07 Processing of Requests for Services by Competitive Energy Affiliates, Non-Affiliated Energy Competitors, and Customers, and Prohibition Against Preferences to Competitive Energy Affiliates

(a) A utility shall process requests for similar regulated utility services provided by the utility in the same manner and within the same time for its competitive energy affiliates and for non-affiliated energy competitors and their respective customers.

(b) A utility shall not give preference of any kind for regulated utility services to its competitive energy affiliates or their customers.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.08); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.08 Prohibition Against Tying

A utility shall not condition or tie the provision of any product, service, or rate agreement by the utility to the provision of any product or service by its competitive affiliate.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (from Puc 2103.09); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2103.09 Business Development and Customer Relations Regarding Competitive Affiliates

(a) A utility shall refrain from giving any appearance of speaking on behalf of its competitive affiliate in any and all contacts or communications with customers or potential customers.

(b) A utility shall not represent that any advantage accrues to customers or others in the use of the utility's services as a result of that customer or others dealing with the competitive affiliate.

(1) Provide leads to its competitive affiliates;

(2) Solicit business on behalf of its competitive affiliates;

(3) Acquire information on behalf of or to provide to its competitive affiliates; or

(4) Provide to its competitive affiliates market analysis reports or any other types of proprietary or non-publicly available reports, including but not limited to market, forecast, planning, or strategic reports.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15 (formerly Puc 2103.10); ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

Part Puc 2104 Disclosure and Information

N.H. Code Admin. R. Ann. Puc 2104.01 Release of Customer Information to Competitive Affiliate

A utility shall not release any customer information to a competitive affiliate without the prior written authorization of the customer.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2104.02 Non-Public Information from Non-Affiliated Energy Competitors

A utility shall not provide non-public information and data which have been received from non-affiliated energy competitors to its competitive energy affiliates.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formerly Puc 2104.03)

Part Puc 2105 Separation

N.H. Code Admin. R. Ann. Puc 2105.01 Separate Books and Records

A utility and its affiliates shall keep separate books and records.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.02 Shared Facilities, Services and Data

(a) Except to the extent necessary to perform shared corporate support functions permitted under Puc 2105.04, a utility shall not:

(1) Share office space, office equipment, services, or computer data with its competitive energy affiliates; or

(2) Allow its competitive energy affiliates to access its computer data.

(b) The separation required by this section shall, at a minimum, be accomplished by methods such as:

(1) Use of secure passwords and firewalls; and

(2) Occupation of separate floors of an office building, or distinct wings.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.03 Joint Purchases

(a) Except as otherwise prohibited by the commission, a utility and its competitive affiliates may make joint purchases of products and services that are not associated with the delivery of distribution services or generation and supply services.

(b) The utility shall ensure that all joint purchases are priced, reported, and conducted in a manner that permits clear identification of the utility and competitive affiliate portions of such purchases, and in accordance with applicable commission rules.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.04 Shared Services

(a) For purposes of this section, “sharing” means having the same employees or support systems involved in performing functions for the utility and its competitive affiliates, whether directly or indirectly through a service company, parent company, or third party service provider.

(b) A utility, its parent holding company, or an affiliate created solely to perform corporate support services may share joint corporate oversight, governance, support systems, and personnel with its competitive affiliates.

(1) Payroll;

(2) Taxes;

(3) Shareholder services;

(4) Insurance and risk management;

(5) Information systems and technology;

(6) Materials management and procurement;

(7) Internal auditing;

(8) Budget administration;

(9) Call center facilities;

(10) Billing and payment processing;

(11) Management and maintenance of affiliate-owned or leased vehicles and buildings;

(12) Corporate financing;

(13) Financial reporting;

(14) Corporate financial planning and analysis;

(15) Treasury services;

(16) Corporate and strategic planning;

(17) Corporate accounting;

(18) Corporate security;

(19) Human resource services related to compensation, benefits, employment policies, planning, and administration;

(20) Employee records;

(21) Legal;

(22) Engineering services other than utility system operations engineering;

(23) Pension management;

(24) Regulatory affairs; and

(25) Lobbying.

(d) Shared corporate support permitted by this section shall not:

(1) Allow or provide a means for the transfer of customer information or distribution system information from the utility to the competitive affiliate;

(2) Create the opportunity for preferential treatment, unfair competitive advantage, or cross-subsidization of competitive affiliates; or

(3) Create customer confusion.

(e) Examples of services, systems, and personnel that shall not be shared include, but are not limited to:

(1) Employee recruiting;

(2) Hedging and financial derivatives and arbitrage services concerning the purchase and sale of natural gas or electricity;

(3) Electric power or natural gas purchases for resale;

(4) Purchasing of natural gas transportation and storage capacity;

(5) Purchasing of electric transmission;

(6) Utility system operations or engineering related to utility system operations;

(7) Marketing of non-tariffed natural gas, electricity, or related services; and

(8) Call center personnel and telephone numbers.

(f) Any shared corporate support shall be priced, reported, and conducted in accordance with the separation and information standards set forth in this chapter and in other applicable commission pricing and reporting requirements.

(g) To the extent that a utility offers call center facilities or billing and payment processing to a competitive energy affiliate, such services shall be made available to all similarly situated non-affiliated energy competitors on the same terms and conditions.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.05 Joint Employment

(a) Except as permitted in Puc 2105.04 and this section, a utility and its competitive affiliates shall not jointly employ any person.

(b) If a utility and its competitive affiliates are controlled by a holding company:

(1) Any board member who is not an officer may serve on the board of the holding company and the board of any affiliate; and

(2) Any corporate officer may serve in such capacity for the holding company and either the utility or its competitive affiliates, but not both.

(c) Notwithstanding (b)(1) and (2) above, administrative corporate officers such as the secretary, clerk, treasurer, accounting officer, securities and exchange commission officer, and tax filing officer may serve in such capacity for the holding company and any affiliates.

(d) In the case of shared directors and officers, a corporate officer from the utility and holding company shall certify in the utility’s compliance plan submitted pursuant to En 2103 that the specific mechanisms and procedures in place, to the best of their knowledge and belief, are adequate to ensure that the utility is not using shared officers and directors as a means to circumvent this chapter or RSA 366.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.06 Employee Transfers

All employee transfers between a utility and its competitive energy affiliates shall comply with the following provisions:

(a) A utility shall track all employee transfers between the utility and its competitive energy affiliates;

(b) The utility shall report the information required to be tracked under (a) above as part of the compliance plan required by En 2103.01;

(c) Transfer between a utility and its competitive energy affiliates shall be limited to no more than 10% of the number of utility employees in the utility at the time of such transfer unless the utility demonstrates to the commission that additional transfers are necessary for the business of the competitive energy affiliate and that such transfers will not adversely impact the utility or customers;

(d) Once a utility employee becomes an employee of a competitive energy affiliate, the employee shall not be re-employed by the utility for a period of one year;

(e) The requirement in (d) above shall not apply if the competitive energy affiliate to which the utility employee transfers ceases to transact business in New Hampshire during the one year period;

(f) An employee who is hired by the competitive energy affiliate and becomes a utility employee shall not be transferred to, reassigned to, or otherwise employed by a competitive energy affiliate for a period of 2 years;

(g) The requirements in (d) through (f) above shall not apply to any utility employee covered by a collective bargaining agreement;

(h) No utility employee hired by or shared with a competitive energy affiliate shall remove or otherwise provide information to the competitive energy affiliate which the competitive energy affiliate would otherwise be precluded from obtaining pursuant to this chapter;

(i) Utility employees transferring from the utility to a competitive energy affiliate and shared utility employees shall not use customer information and distribution system information in a discriminatory fashion to the benefit of the competitive energy affiliate or to the detriment of non-affiliated energy competitors;

(j) A utility shall not make temporary or intermittent assignments or rotations of its employees to its competitive energy affiliates in a manner designed to circumvent the prohibitions concerning the provision of information contained in (h) and (i) above; and

(k) A transferring or shared employee shall sign a statement, which the utility shall file as part of the compliance plan required by En 2103.01, attesting that the employee is aware of and understands the restrictions set forth in this chapter and the attendant consequences of violations of those provisions.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.07 Joint Advertising and Marketing

(a) A utility shall not engage in joint advertising or marketing programs of any sort directly or indirectly with its competitive energy affiliates.

(b) This section shall not prohibit a utility from participating, on a nondiscriminatory basis, in non-sales meetings with its competitive energy affiliates or any non-affiliated energy competitor to discuss technical or operational subjects.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.08 Corporate Identification

(a) Subject to Puc 2105.07, a utility may allow any affiliate to identify itself through the use of a name, logo, or both as an affiliate of the utility, provided that such use by a competitive energy affiliate shall be accompanied by a disclaimer stating that:

(1) No advantage accrues to customers or others in the use of the utility’s services as a result of that customer or others dealing with the competitive energy affiliate; and

(2) The customer or others need not purchase any product or service from any competitive energy affiliate in order to obtain services from the utility on a non-discriminatory basis.

(b) The disclaimer referred to in (a) above shall be written or spoken, or both, as is appropriate given the context of the use of the name or logo.

(c) The disclaimer referred to in (a) above shall not be required where the name or logo is merely being used for identification of assets or employees and it is impractical to include such disclaimer, such as on the competitive energy affiliate’s vehicles, business locations, equipment, employee business cards, or clothing.

(d) A utility shall not provide to its competitive affiliates:

(1) Advertising space in its billing envelopes used for regulated utility services unless it provides access on the same terms and conditions for all similarly situated non-affiliated competitors; or

(2) Access to any other form of written communication with utility customers unless it provides access on the same terms and conditions to all similarly situated non-affiliated competitors.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2105.09 Transfer of Goods, Services, and Assets

(a) To the extent that this chapter does not prohibit transfers between a utility and its affiliates, the permitted transfers shall be subject to the following pricing provisions:

(1) A utility may sell, lease, or otherwise transfer to an affiliate an asset, the cost of which has been reflected in the utility’s rates for regulated service, provided that the price charged the affiliate is the highest of the net book value, fully loaded cost, and the current market value of the asset, as applicable;

(2) A utility may sell, lease, or otherwise transfer to an affiliate assets other than those subject to (1) above, and may also provide services to an affiliate, provided that the price charged for such asset or service is the highest of the net book value, fully loaded cost, and its current market value, as applicable;

(3) An affiliate may sell, lease, or otherwise transfer an asset to a utility, and may provide services to a utility, provided that the price charged to the utility is the lesser of the market value, the net book value, and the fully loaded cost, as applicable;

(4) Joint or shared costs allowed in Puc 2105.03 and Puc 2105.04 shall be allocated and shall be priced to the utility and its competitive affiliate based on fully loaded costs;

(5) Products or services which are price regulated by a state or federal agency shall be priced at the tariffed or regulated rate;

(6) In cases where more than one state commission regulates the price of products or services provided to or by a utility, this commission’s pricing provisions shall govern such transactions in New Hampshire; and

(7) For purposes of this section, the market value of any asset sold, leased, or otherwise transferred, shall be determined based on the highest price that the asset could have reasonably realized after an open and competitive sale.

(b) A utility shall maintain a record of all transactions described in this section for a period of no less than 5 years from the completion of the transaction, which record shall include an adequate basis to determine fully loaded costs, net book value, and market value, as applicable.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

Part Puc 2106 Regulatory Oversight

N.H. Code Admin. R. Ann. Puc 2106.01 Criteria for Disallowing Payments or Compensation.

In assessing whether to disallow any payments or compensation to an affiliate pursuant to RSA 366:7 for violation of this chapter, the commission shall take into account the following:

(a) The nature, extent, and gravity of the particular violation;

(b) The utility’s prior history of violations of RSA 366 and this chapter;

(d) The nature and degree of economic benefit gained by the utility or its affiliate;

(e) Deterrence of future violations; and

(f) Such other factors that are relevant and material to the particular circumstances of the violation.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36

N.H. Code Admin. R. Ann. Puc 2106.02 Considerations in Assessment of Civil Penalties

In assessing civil penalties for violations of this chapter pursuant to RSA 365:40-44, the commission shall take into account the following:

(a) The nature, extent, and gravity of the particular violation;

(b) The utility’s prior history of violations of this chapter;

(d) The nature and degree of economic benefit gained by the utility or its affiliate;

(e) Deterrence of future violations; and

(f) Such other factors that are relevant and material to the particular circumstances of the violation.

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formerly Puc 2106.06)

N.H. Code Admin. R. Ann. Puc 2106.03 Relation to Antitrust Laws

(a) Nothing in this chapter shall be construed to confer immunity from state and federal antitrust laws.

(b) A penalty assessed pursuant to Puc 2106.02 shall not affect or preempt antitrust liability but rather is in addition to any antitrust liability that might apply to the activity.

Appendix

Rule(s)

State Statute (RSA)

Puc 2100

RSA 365:8, I(h); RSA 374-F:4; RSA 366

Puc 2102.01

RSA 366:1, II;

Puc 2102.11

RSA 366:1, II(a)

Puc 2102.12

RSA 362:2

Puc 2102.13

RSA 366:1

Puc 2103

RSA 378:10

Puc 2104

RSA 374-F:4, IX; RSA 378:10; RSA 363:38

Puc 2105

RSA 365:8, I (h); RSA 363:38; RSA 374:4

Puc 2106

RSA 365:40-44; RSA 365:8, I(h); and RSA 366:7

History

#7884-A, eff 5-2-03, EXPIRED: 5-2-11
#9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36 (formerly Puc 2106.07)

Chapter Puc 2200 Municipal and County Aggregation Rules

Part Puc 2201 Purpose and Application of the Rules

N.H. Code Admin. R. Ann. Puc 2201.01 Purpose

The purpose of Puc 2200 is to implement the provisions of RSA 53-E to provide for implementation and operation of community power aggregation programs and their interactions with electric distribution utilities.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2201.02 Application of Rules

(a) This chapter shall apply to:

(1) Community power aggregations as defined in Puc 2202.05;

(2) Committees as defined in Puc 2202.04;

(3) Competitive electric power suppliers (CEPS) to the extent they are serving community power aggregations as a load serving entity; and

(4) Electric distribution utilities in their relationship and interaction with community power aggregations and committees.

(b) Puc 2204.02(a)(4), Puc 2205.13(a)(9), and Puc 2205.15 shall not apply to CPAs where their customers are served by a rural electric cooperative for which a certificate of deregulation is on file with the commission, except by voluntary agreement of such a rural electric cooperative.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2201.03 Waiver of Rules

(a) The commission shall consider and determine any request for a waiver from the provisions of these rules pursuant to Puc 201.05.

(b) The commission shall waive the application of any particular rule in this part to a rural electric cooperative for which a certificate of deregulation is on file with the public utilities commission pursuant to RSA 301:57 if it finds upon petition of such a cooperative that compliance is not reasonably practical at a reasonable cost to the cooperative or CPA or CPAs requesting information or services from the cooperative.

History

#13457, eff 10-12-22

Part Puc 2202 Definitions

N.H. Code Admin. R. Ann. Puc 2202.01 Aggregation plan

“Aggregation plan” means a proposed or approved electric aggregation plan developed pursuant to RSA 53-E:6. The term includes “community power aggregation plan.”

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.02 Anonymized

“Anonymized” means customer data presented in a way that removes information that can be used to identify the individual customer that it pertains to, such that it does not constitute “individual customer data” as defined by RSA 363:37, I.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.03 Commission

“Commission” means the New Hampshire public utilities commission.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.04 Committee

“Committee” means “committee” as defined in RSA 53-E:2, IV, namely, an “electric aggregation committee established under RSA 53-E:6” and the term includes any person or entity acting as an agent for such a committee.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.05 Community power aggregation (CPA)

“Community power aggregation (CPA)” means a municipal or county aggregation program established pursuant to RSA 53-E to group retail electric customers to provide, broker, or contract for energy services for such customers as defined by RSA 53-E:2, V-a and RSA 53-E:3, II(a), including a group of such entities operating jointly pursuant to RSA 53-E:3, II(b) and RSA 53-A and any person or entity acting as an agent for a municipal or county aggregation program. The term includes “aggregation.”

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.06 Competitive electric power supplier (CEPS)

“Competitive electric power supplier (CEPS)” pursuant to Puc 2002.08, means any person or entity that sells or offers to sell all-requirements electricity supply service to retail customers, including net metering customers, in this state using the transmission or distribution facilities of a utility. A CEPS takes ownership of the electricity it sells. The term does not include community power aggregations, any utility or any municipal or county corporation operating within its corporate limits, or submetering at campgrounds as described in RSA 362:3-a.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.07 Confidential customer information

“Confidential customer information” means information that is collected as part of providing electric services to a customer that can identify, singly or in combination, that specific customer, and includes the customer name, address, and account number and the quantity, characteristics, or time of consumption by the customer, and also includes specific customer payment, financial, banking, and credit information.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.08 CPA service area

“CPA service area” means the municipality, municipalities, county, or counties served or proposed to be served by a community power aggregation.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.09 Customer

“Customer” means any person or entity in this state, including any governmental unit, which purchases electricity at retail, and is the customer of record on the utility account.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.10 Default service

“Default service” means “default service” as defined in RSA 374-F:2, namely, “electricity supply that is available to retail customers who are otherwise without an electricity supplier and are ineligible for transition service and is provided by electric distribution utilities under RSA 374-F:3, V or as an alterative, by municipal or county aggregators under RSA 53-E.”

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.11 Electronic data interchange (EDI)

“Electronic data interchange (EDI)” means a standard set of data transactions used by electric distribution companies and CEPS or CPAs serving as LSEs to send and receive data.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.12 Enrollment

“Enrollment” means the commencement of a customer’s electricity supply service from a CPA serving as an LSE, or a CEPS serving a CPA under contract, effective on the meter read date described in Puc 2004.10(a) following successful EDI notification by a CEPS or a CPA serving as an LSE to the utility.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.13 ISO-NE

“ISO-NE” means ISO New England, Inc., the entity serving as the regional transmission operator and which oversees the operation of New England's bulk electric power generation and transmission system and administers the regional wholesale markets for electric energy and other electricity products, or its successors.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.14 Load Serving Entity (LSE)

“Load Serving Entity (LSE)” means an entity that is registered with ISO-NE as a market participant and secures and sells electric energy and related services to serve the demand of end-use customers at the distribution level.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2202.15 Utility

“Utility” means any electric generation, transmission, or distribution company meeting the definition of a public utility under RSA 362:2 and RSA 362:4-a and includes rural electric cooperatives.

History

#13457, eff 10-12-22

Part Puc 2203 Electric Aggregation Committees and Requests for Load Data

N.H. Code Admin. R. Ann. Puc 2203.01 Notification of Formation of a Community Power Aggregation Committee

(a) A municipality or county that forms a committee pursuant to RSA 53-E:6, I shall provide notice to the commission in writing and by email at the addresses provided in Puc 103.01(m) and pursuant to Puc 202.06, and also to the office of the consumer advocate, the department of energy, and the utility or utilities serving customers in such municipality or county at the addresses provided to the commission by utilities and posted on the commission’s website under (b) below.

(b) Each utility shall provide to the commission and the department of energy current contact information that can be posted on the commission and the department of energy’s websites as to the mailing or email address to be used for notices from a committee to the utility required under these rules and for requests for information from a committee or CPA to the utility under these rules. That information as submitted by the utility shall be posted on the commission and the department of energy’s websites.

(c) The notice from a committee required under (a) above shall be sent not less than 10 business days before any request by the committee for aggregated load information from the utility or utilities serving customers in the municipality or county becomes effective.

(d) The notice required under (a) above shall include the following:

(1) The name and email or postal address of the primary contact for the committee;

(2) The name, address, telephone number, and email address for the municipal or county official or employee who serves as the liaison or support person for the committee;

(3) Designation of person or persons identified under (1) or (2) above who are authorized to request information from the utility pursuant to Puc 2203.02; and

(4) The URL of any website page maintained by or for the committee.

(e) The information required under (d) above shall be updated whenever there is a change to that information.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2203.02 Request for Usage Information from Utilities

(a) A committee may request aggregated usage information for all electric customers located within the applicable municipality or county from each utility serving such customers by making an electronic mail or written request for such data to each such utility with a copy provided to the commission consistent with the requirements of Puc 202.06 and to the office of the consumer advocate and the department of energy.

(b) Within 30 calendar days following the date of a request made pursuant to (a) above, each utility shall provide the following load information in machine-readable format for the customers it serves in the municipality or county:

(1) The most recent 24 months of monthly usage data if available, or 12 months otherwise, for each customer rate class, aggregated and sorted by whether the customers were taking competitive electric power service or utility default service for each such month;

(2) Counts of customers in each rate class for each month, sorted by whether the customers were taking competitive electric power service or utility default service for each such month;

(3) Current counts of customers that participate in net energy metering in each rate class, sorted by whether the customers are taking competitive electric power service or utility default service, to the extent such data is readily available;

(4) Current counts of residential customers that participate in the electric assistance program, sorted by whether the customers were taking competitive electric power service or utility default service for each such month;

(5) Until such time as the utility offers a commission approved purchase of receivables program pursuant to RSA 53-E:9, revenues billed, actual receipts, and past due accounts receivable for utility default service for each rate class or by small customer group and large customer group for each of the most recent 12 months available, if readily available, and if not, then the utility shall provide such information on a system-wide basis for a recent 12-month period; and

(c) Each customer rate class shall mean, as a minimum, each rate class or group of rate classes for which the utility publicly provides class average load shapes.

(d) All customer usage data provided by the utility shall include consumption power delivered to customers and exports to the grid from customer generators in kWh for each reported interval.

(e) No individual customer data, as defined in RSA 363:37, I, shall be provided to a committee in response to a request made pursuant to (a) above.

(f) With respect to the monthly usage data required to be provided pursuant to (b)(1) above and as determined over the most recent 12-month period:

(1) If there are fewer than 4 distinct customers or any one customer comprises 50% or more of the total usage in any one non-residential customer rate class reporting group, such usage data shall be combined with that of the most similar rate class or classes and shall be reported as the combined rate classes, provided that the overall reporting group contains at least 4 distinct customers and no one customer comprises 50 percent or more of the total usage for the reporting group;

(2) If there are fewer than 10 distinct customers in any one residential customer rate class reporting group, such load data shall be combined with the usage of the most similar rate class or classes and shall be reported as the combined rate classes, provided that the overall reporting group contains at least 10 distinct customers;

(3) If there are fewer than 4 distinct non-residential customers or fewer than 10 distinct residential customers, such usage data shall be reported together without identifying the type of customer, provided that the overall group contains at least 10 distinct customers and no one customer constitutes more than 25% of the total usage over the most recent 12- month period; and

(4) If the criteria in subparagraph (3) above are not met and there are at least 4 distinct customers, the total annual usage of all such customers, rather than monthly, shall be provided for the most recent 12-month period available without identifying the number of such customers, other than “less than 10 customers,” and if not, than no usage or customer counts shall be provided, other than “less than 4 customers.”

(g) A committee may request to have the data provided by the utility updated to the most recent month available, but not more frequently than once every 6 months after the initial request.

History

#13457, eff 10-12-22

Part Puc 2204 Aggregation Plans and Launch of Community Power Programs

N.H. Code Admin. R. Ann. Puc 2204.01 Submission of Electric Aggregation Plans to the Commission for Review and Approval

(a) Every electric aggregation plan and any revision of a plan to include an opt-out default service program shall be submitted to the commission, either before or after being submitted by the governing body to the legislative body for approval, to determine whether the plan conforms to the requirements of RSA 53-E and applicable rules of the commission. Each such plan shall be submitted by the municipality or county to the commission in writing and by email at the addresses provided in Puc 103.01(m), and pursuant to Puc 202.06. A copy of each such plan shall be submitted to the office of the consumer advocate under RSA 363:28, the department of energy, and the electric distribution utility or utilities serving customers in the municipality or county service area on the same date as submission to the commission.

(b) The consumer advocate, the department of energy, utilities, and members of the public may file comments about such plans within the first 21 calendar days of their submission.

(c) The commission shall consider any comments filed pursuant to paragraph (b) in its review and approve any plan submitted to it unless it finds that the electric aggregation plan does not meet the requirements of RSA 53-E and other applicable rules and shall detail in writing, addressed to the governing bodies of the municipalities or counties concerned, the specific respects in which the proposed plan substantially fails to meet the requirements of this chapter and applicable rules.

(d) Failure of the commission to disapprove a plan submitted hereunder within 60 days of its submission shall constitute approval thereof.

(e) A municipality or county may submit a plan that is revised to comply with applicable requirements as noted in a commission disapproval of a plan at any time and start the commission review process over.

(f) The submission of any aggregation plan to the commission hereunder shall include the following:

(1) A statement as to whether the plan has been approved by the legislative body of the municipality or county or if it is a proposed final plan submitted for review and approval in advance of a legislative body vote on whether to approve the plan;

(2) The name, business address, telephone number, and email address for the municipal or county employee or official who serves as official liaison or the responsible person for questions about the approved or revised plan and who is authorized to request information from utilities under these rules; and

(3) The URL of any website page that is maintained for the CPA.

(g) If a plan submitted to the commission for review and approval under this section has not yet been approved by the legislative body or bodies of the CPA at the time of submission, once such plan has been approved or rejected, the CPA shall notify the commission, department of energy, office of the consumer advocate, and distribution utilities serving the CPA service area in writing and by email of such final plan approval or rejection.

(h) Commission review and approval of electric aggregation plans shall not require a contested case but shall allow time for submission and consideration of any such comments pursuant to paragraph (b) above.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2204.02 Request for Anonymized Customer-Specific Information from Utilities

(a) After the commission has approved a final aggregation plan pursuant to Puc 2204.01 and the legislative body of a municipality or county has voted to approve the community power aggregation plan each utility serving the CPA service area shall provide to the municipality or county, within 30 calendar days of a written request therefor, the following anonymized customer-specific usage and related information for all customers currently receiving default service provided by the utility within the CPA service area, sorted or identified by customer rate class:

(1) Individual capacity tags for the current power year beginning on June 1, and, if known and readily available, the prior power year and the next power year;

(2) The most recent 24 months of usage data in kWh for each reported interval if available, or 12 months otherwise;

(3) The meter reading date or utility reference number cycle for each customer meter;

(4) Whether the customer net meters and, if so, whether under original net energy metering terms available prior to September 1, 2017, or new alternative net metering terms and tariffs that have been available since September 1, 2017, or any subsequent successor terms and tariffs;

(5) Whether the customer is a group net metering host or a member of a net metering group with on-bill crediting, generally, if such information is known and readily available;

(6) Whether a group net metered customer-generator operates as a low-moderate income community solar project pursuant to RSA 362-F:2, X-a and the commission’s Puc 900 rules, if such information is known and readily available;

(7) The size in kW-AC, or if not known, the size in kW-DC, of any such net-metered generation referenced in (5) above, if such information is known and readily available; and

(8) The year and month such distributed generation referenced in (7) above was placed into service, if such information is known and readily available.

(b) The information required to be provided pursuant to (a) above shall be provided in machine-readable digital electronic format, such as a database, comma-separated value or spreadsheet file, but not in the form of scanned images.

(c) No individual customer data, as defined in RSA 363:37, I, shall be provided to a CPA in response to a request made pursuant to (a) above.

(d) With respect to the data required to be provided pursuant to (a)(1) and (2) above:

(1) If there are fewer than 4 distinct customers in any one non-residential customer rate class reporting group or if any one customer comprises 50% or more of the total usage over the most recent 12-month period for that reporting group, such customer data shall be combined with the customer data of the most similar rate class or classes and shall be reported as the combined rate classes, provided that the overall reporting group contains at least 4 distinct customers and no one customer comprises 50 percent or more of the total usage over the most recent 12-month period for that reporting group;

(2) If there are fewer than 10 distinct customers in any one residential customer rate class reporting group, such customer data shall be combined with the customer data of the most similar rate class or classes and shall be reported as the combined rate classes, provided that the overall reporting group contains at least 10 distinct customers;

(e) An approved CPA may request to have the data provided by the utility updated to the most recent month available, but not more frequently than once every 6 months after the initial request.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2204.03 Request for Names, Addresses, and Account Numbers of Customers

(a) After a municipality or county has filed its approved community power aggregation plan with the commission, the office of consumer advocate, the department of energy, and each utility serving the CPA service area, each such utility shall provide to the municipality or county, or their agent, upon its written request, the following information for every electric customer taking service within the municipality or county CPA service area:

(1) The names and mailing addresses of each customer;

(2) Their utility account number or numbers;

(3) Any related meter number(s) or meter identification number(s) for each account, if readily available;

(4) The rate class for each such account;

(5) The email address of each customer, if known and readily available; and

(6) Whether the account is receiving default service from the utility or supply service from a CEPS.

(c) The information required to be provided pursuant to (a) above shall be provided within 15 calendar days of the municipality’s or county’s request therefor.

(d) The municipality or county may request to have such information provided by the utility updated to the most recent month available, the utility shall provide such information to the municipality or county upon request at any time the municipality or county is preparing the required written notification pursuant to RSA 53-E:7, III and again when it is preparing the final list of accounts to enroll after the conclusion of the notice period, but otherwise not more frequently than once every 6 months.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2204.04 Notification of CPA Commencement of Service

(a) Each municipality or county initially implementing a community power aggregation plan shall provide written notice to the commission, the office of consumer advocate, the department of energy, and to each utility serving customers within the CPA service area prior to the enrollment of any electric customers in the CPA.

(b) The notice required pursuant to (a) above for any CPA to be operated on an opt-out basis shall be provided prior to the commencement of service and the enrollment of any electric customers in the CPA by not less than:

(1) Ninety calendar days if the commencement of service is to occur during the first 2 months of a utility default service supply period with for which rates are or will be fixed or known for 6 months or more; or

(2) Forty-five calendar days if the commencement of service is to occur after the first 2 months of a utility default service supply period with fixed or known rates of 6 months or more or if there is no distinct known or fixed rate default service supply period of 6 months or more.

(c) When a CPA service area is served by more than one utility, the applicable minimum notice time under (b) above shall be that for the utility with the largest default service usage within the CPA service area as most recently provided by the utilities for development of the CPA plan pursuant to Puc 2204.02. Such usage data and determination shall be included in the CPA’s approved aggregation plan if approved after the 2022 effective date of this rule, or in the notice required pursuant to (a) above if the plan was approved prior to the first effective date of this rule.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2204.05 Notification of CPA Service Rates and Customer Enrollment

(a) Within 10 business days of receipt of a CPA’s written notification of commencement of service pursuant to Puc 2204.04(a), the department of energy shall provide to the CPA information on establishing credentials to access the shopping comparison website hosted by the department of energy so the CPA can input rate information to be posted on that website.

(b) Prior to the mailing to customers required under RSA 53-E:7, III, if the CPA will be operated on an opt-out basis, the CPA shall input information regarding its rates and services for residential and small commercial customers, including any variable pricing policies, charges, and key terms, to be posted on the department of energy’s shopping comparison website.

(c) Each operating CPA shall update the required information input pursuant to (b) above whenever it changes but no less frequently than once per month.

(d) A municipality or county that approves a final community power aggregation plan shall provide a mailing to all retail electric customers taking distribution service in the CPA service area, unless otherwise provided by law, and shall hold a public information meeting within 15 days of the mailing to answer questions regarding the approved plan.

(e) No retail electric customer shall be enrolled in any such plan to be operated on an opt-out basis in which the customer does not know all of the rates or charges the customer might be subject to at least 30 days in advance and has the option, for a period of not less than 30 days from the date of the mailing, to opt-out of being enrolled in such program, unless the customer affirmatively responds to the notification or requests in writing, through e-mail, or through a secure customer portal or other electronic on-line enrollment to be included in the plan.

(f) No retail electric customer shall be enrolled in any such plan to be operated on an opt-in basis unless the customer expressly requests to be included in the plan in writing, through e-mail, or through a secure customer portal or other electronic on-line enrollment process.

(g) Customers enrolled in a community power aggregation plan operated on an opt-out basis may elect to transfer to utility provided default service or to a competitive electric power supplier with adequate notice in advance of the next regular meter reading by the distribution utility, in the same manner as if they were on utility provided default service or as otherwise approved by the commission. No such customer shall be required to pay any exit fee or charge for such transfer. Customers requesting transfer of supply service upon dates other than on the next available regular meter reading date may be charged an off-cycle meter reading and billing charge if such a service is available from the utility. Upon request of the customer, the CPA shall transfer the customer back to utility provided default service.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2204.06 Use of Electronic Data Interchange

(a) Prior to the mailing to customers required under RSA 53-E:7, III, each CPA planning to use a CEPS to serve CPA customer loads shall confirm with the CEPS and each utility serving the CPA service area the CEPS’s ability to use EDI for enrollment of default service customers in the CPA service area, excluding those that opt-out of the CPA, during the CPA commencement month.

(b) Each CPA that will serve customer loads as an LSE, or its contracted service provider for customer enrollment, shall:

(1) Apply to and successfully complete the testing required to use each utility’s EDI in the same manner and on the same terms as a CEPS; and

(2) If the CPA will provide service on an opt-out basis, demonstrate the ability to use EDI for enrollment of default service customers in the CPA service area, excluding those customers that opt-out, during the CPA commencement month.

History

#13457, eff 10-12-22

Part Puc 2205 Operation of a Cpa

N.H. Code Admin. R. Ann. Puc 2205.01 Provision of Electricity Supply Service

(a) CPA customers may be served by one or more CEPS, by the CPA as an LSE, or by a combination of the two, provided that each CPA customer account shall be served by only one LSE at any given time. Such service shall provide all-requirements service to meet each CPA customer’s full load requirements, which may include electricity supply provided by distributed generation or other distributed energy resources that are not participants in wholesale electricity markets administered by ISO-NE.

(b) For the balance of customer load requirements, the CPA shall be responsible for:

(1) The cost of supplying capacity, energy, ancillary services, and any other load-related charges from the ISO-NE market;

(2) The cost to deliver the associated capacity, energy, and ancillary services to a point or points on ISO-NE pooled transmission facilities and from there to a point where it is delivered to the local distribution system to the extent not billed to and paid for by the electric distribution utility as part of their retail transmission rate; and

(3) Any and all losses incurred on the local network transmission system and distribution system supplying load.

(c) Each customer account served by or through the CPA shall be assigned to the load asset for one CEPS or the CPA serving as an LSE for each utility meter reading cycle.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.02 Application of Puc 2000 to CEPS When Providing Electricity Supply to CPA Customers

(a) The Puc 2000 rules shall apply to CEPS providing electricity supply service to CPA customers as their LSE, except as otherwise provided in (b) below.

(b) Puc 2004 shall not apply to a CEPS if and only to the extent that a CEPS is providing electricity supply service to CPA customers, except as follows:

(1) Puc 2004.03(k), Puc 2004.05, Puc 2004.10(a), Puc 2004.12, Puc 2004.13, Puc 2004.15, Puc 2004.16, Puc 2004.17, Puc 2004.18, Puc 2004.19, and Puc 2004.20 shall apply to any such CEPS; and

(2) The CEPS shall be subject to any other provisions of Puc 2004 that are specified to apply to CEPS serving CPA customers in:

a. The approved final community power aggregation plan; or

b. The contract with the CEPS for electricity supply service to CPA customers.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.03 Utility Services to CPAs

Electric distribution utilities shall provide services, including, if requested, passthrough or complete billing services to CPAs on the same terms and conditions and at the same rates and charges as apply to CEPS, except as otherwise provided by statute or under these rules.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.04 County CPAs That Contain Municipalities with Adopted or Planned CPAs

As required under RSA 53-E:7, VII, municipal community power aggregations shall take priority or precedence over any county community power aggregations with respect to customer enrollment any each such aggregation shall be responsible for assuring that customers are enrolled with the correct aggregation. A county plan may also provide an aggregation program for all or a subset of municipalities within the county that request to participate by a majority vote of their respective governing bodies.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.05 New Utility Service Customers

(a) Electric customers who apply for new service provided by a utility within the CPA service area of a CPA providing opt-out alternative default service pursuant to RSA 53-E:7, III, after the supply of customer names and addresses by the utility for the customer notification mailing required under RSA 53-E:7, III, shall initially be enrolled in default service provided by the utility unless the customer has relocated within a single utility’s service area and is continuing with service provided by a CEPS, or has relocated within a CPA service area and is continuing with service provided by or through the CPA.

(b) Upon request of a CPA, but not more frequently than monthly following provision of the customer list for the initial mailing pursuant to Puc 2204.05, the utility shall make available to each operating municipal CPA, or county CPA where there is no municipal CPA, the names, account numbers, mailing addresses, and any other information necessary for successful enrollment in the aggregation of customers that are then currently on utility default service and are located within the CPA service area.

(c) The CPA shall periodically mail a written notification to such new customers that have not previously opted out of the CPA’s service and shall enroll them in the CPA consistent with the requirements of Puc 2204.05.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.06 Termination of CPA

If a municipality or county intends to terminate a CPA, it shall provide written notice of the termination to the commission, the office of the consumer advocate, the department of energy, and each utility serving customers in the CPA service area not less than 90 days prior to the termination date. The CPA shall undertake all necessary EDI transactions to drop its customers and return those customers to utility default service, consistent with the required minimum 90 days prior notice.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.07 Unexpected Cessation of CPA Service

In the event of suspension from regional wholesale market participation by ISO-NE or another event causing the CPA to be unable to provide service to its customers within the CPA service area, the CPA shall provide immediate written notice to the commission describing the market suspension or other event, the effective time of the inability to provide service, and the notice provided to customers of the timing and consequences of the cessation of CPA service. A copy of such notice shall be provided at the same time to the office of the consumer advocate, the department of energy, and each utility serving customers in the CPA service area.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.08 Restart of an Aggregation Program After Termination

If a CPA is terminated, the municipality or county that sponsored the CPA shall not implement another community power aggregation plan for a period of 12 months following the effective date of such termination.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.09 Sales Reporting

Each CPA that serves as an LSE for its participating customers shall submit a confidential quarterly sales report containing the information specified in Puc 2006.03, as and when such submission is required to be made by a CEPS pursuant to Puc 2003.04(a) and Puc 2006.03. Each CEPS providing electricity supply service to CPA customers shall report its sales to such customers through separate entries on its reports submitted pursuant to Puc 2003.04(a) and Puc 2006.03.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.10 Renewable Portfolio Standard Reporting

By July 1 of each year, each CPA that serves as an LSE for its participating customers shall file the annual renewable portfolio standard compliance filing required by Puc 2503.03 and shall pay to the department of energy any alternative compliance payment due pursuant to Puc 2503.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.11 Environmental Disclosure Label

(a) Each CPA that serves as an LSE for its participating customers shall, not less frequently than once each year, provide to each of its customers an environmental disclosure label identifying the sources of its electric energy service and the environmental characteristics of such sources, using the customer’s preferred form of communication, as and when such actions are required of a CEPS pursuant to Puc 2004.05.

(b) Each CPA that serves as an LSE for its participating customers shall comply with all other requirements of Puc 2004.05, as and when such actions are required of a CEPS pursuant to Puc 2004.05.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.12 Complaints and Dispute Resolution

(a) The commission shall hear and decide complaints or disputes between committees, CPAs, and utilities, as well as complaints regarding a CPA’s or utility’s compliance with the requirements of RSA 53-E and these rules.

(b) Complaints submitted to the commission under these rules shall be made pursuant to Puc 204, and, consistent with RSA 53-E:7, X, shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.13 Individual Customer Billing Information

(a) Once an individual utility customer has become a customer of a CPA, the utility shall provide to the CPA the following information, which may be provided through EDI access or otherwise, for each such customer, to the extent applicable:

(1) Name and mailing address;

(2) Utility account number or numbers;

(3) Service address;

(4) Utility rate class or code for each account;

(5) Name key;

(6) The meter reading date or utility reference number for the read cycle for each account;

(7) The most recent 24 months, if available, or 12 months otherwise, of usage data in kWh for each monthly interval for accounts reported in monthly intervals for load settlement, and for each hourly interval for accounts reported in hourly intervals for load settlement;

(8) ICAP capacity tag for the current power year, and for the next power year, when known and if readily available;

(9) Whether the customer net meters and, if so, whether under original net energy metering terms available prior to September 1, 2017, or new alternative net metering terms and tariffs that have been available since September 1, 2017, or any subsequent successor terms and tariffs; and

(10) Any other information typically made available to CEPS through the utility EDI.

(b) Once an individual utility customer has become a customer of a CPA, the utility may provide to the CPA the following information, which may be provided through EDI access or otherwise, for each such customer, to the extent applicable, known, and readily available:

(1) Name of customer contact, if different from customer name;

(2) Home or company phone number;

(3) Mobile phone number;

(4) Email address;

(5) Preferred billing and communication method;

(6) Form or type of meter reading or meter model and communication module identifier;

(7) The size in kW-AC of any such distributed generation located behind the customer’s meter;

(8) Whether the customer is a group net metering host or member with on-bill crediting;

(9) Whether the customer’s distributed generation facility has been determined to be a low-moderate income community solar project;

(10) Whether the customer participates in any utility battery storage program;

(11) Whether the customer is currently enrolled in the electric assistance program; and

(12) Whether the customer is currently on a payment plan or a budget billing plan.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.14 Enabling Meter Reading Authority and Access to Interval Meter Data

(a) For the purpose of enabling meter reading authority pursuant to RSA 53-E:3, II(a)(4) and to enable CPA collection and use of interval meter data for load settlement purposes, including capacity tag allocation, the provision of energy services, and near real-time customer access to such data pursuant to RSA 53-E:4, IV for its customers, a CPA may, upon request to and approval by the utility and approval by the commission:

(1) Propose and implement with the utility an arrangement to enable the CPA to directly read existing utility meters, including meters capable of reporting load data at intervals of hourly or more frequently;

(2) Propose and implement with the utility an arrangement to enable the CPA to have near real time access to meter data as it is collected and electronically stored by the utility;

(3) Contribute to the cost of utility-provided meter upgrades to enable the collection of such interval meter data, by paying the incremental cost of such meter upgrades that are in excess of the then current cost of a standard replacement meter up to the utility’s unobligated annual budget for new and replacement meters;

(4) Propose to jointly own with the utility a new interval meter, which may include supporting communications equipment and systems, with the utility required to contribute not less than the cost of a standard replacement meter, up to the utility’s unobligated annual budget for new and replacement meters, with ownership shares to be proportional to the relative cost contributions of the CPA and the utility, provided that the utility’s ownership share in all cases shall be greater than 50 percent and all such meters shall remain under the control of the utility; or

(5) Install a secondary revenue grade meter provided by the CPA that is in addition to the meter installed and maintained by the utility, including arrangements for the CPA to share or transfer data from such meters to the utility for load settlement purposes.

(b) The utility and the CPA shall jointly file with the commission any agreement to implement any of the alternatives provided for in (a) above for review by the commission through an adjudicative proceeding.

(c) Following an adjudicative proceeding pursuant to (b) above, the commission shall approve any such agreement if it finds that the agreement is consistent with the requirements of RSA 53-E:4, IV.

(d) If a CPA and a utility cannot agree to terms and conditions for enabling CPA meter reading authority or access to interval meter data, the CPA may submit a proposal for such implementation to the commission. Following an adjudicative proceeding, the commission shall approve the proposal if it finds that the proposal is consistent with the requirements of RSA 53-E:4, IV.

(e) The terms of any proposal filed under Puc 2205.14(d) shall not disturb the utility’s status as the ISO-NE meter reader.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.15 Net Metering by CPAs

(a) CPAs shall determine the terms, conditions, and prices under which they agree to provide generation supply to and credit, as an offset to supply, or purchase the generation output exported to the distribution system from CPA customers with customer-sited distributed generation.

(b) Pursuant to RSA 362-A:9, II, such generation output shall be accounted for as a reduction to the CPA customers’ electricity supplier’s wholesale load obligation for energy supply as an LSE, net of any applicable line loss adjustments, as approved by the commission.

(c) CPA customers with customer-sited distributed generation who are net metered shall net meter pursuant to the applicable utility tariff with respect to transmission and distribution service charges and credits.

History

#13457, eff 10-12-22

N.H. Code Admin. R. Ann. Puc 2205.16 Billing Services and Purchase of Receivables for CPAs

(a) Prior to enrolling any customer, a CPA shall determine which of the following two utility services to use for billing and notify the electric distribution utility of that determination:

(1) Separate billing service, whereby the CPA shall separately bill customers for the cost of the electric power supply and energy services provided to such customers, and may combine such billing with billing for other municipal services pursuant to RSA 53-E:3-a; or

(2) Consolidated billing service, whereby the utility shall issue a single monthly bill which will include the CPA’s charges for electric power supply and energy services for such customers as well as the utility’s charges for electric service.

(b) Changes in the determination of billing service for any customer shall be implemented for the next bill reading cycle, provided that the CPA has notified the utility of any applicable rates and services in accordance with (d) below.

(1) Require that customers contacting the utility regarding the billed amount for CPA services or any other CPA issue shall be provided with the CPA’s customer service number; and

(2) Allow a CPA to define on-peak, mid-peak, and off-peak periods or other pricing options and rate structures that are different from those defined in the utility’s applicable tariffs on file with the commission, and to request enhanced metering services for customers to participate in programs and services beyond the provision of basic electricity supply service, provided that:

a. The requested rate structures, customer class definitions, and availability requirements are within the capabilities of the utility’s billing system, customer information system or meter data management system;

b. The requested modifications do not preclude collection of billing determinants required by the utility, or else are implemented subject to the commission finding it is in the public good; and

c. All incremental costs incurred to provide any special metering, data management, or billing system modifications shall be assigned to and paid by the CPA, in which case such costs shall be:

Estimated by the utility to the CPA prior to the start of implementing such changes; and
If approved for implementation by the CPA, shall be charged to and paid by the CPA.

(d) When a CPA elects to utilize consolidated billing service for any customer, the CPA shall also elect to:

(1) Calculate the charges or credits for electricity supply and services for the customer in accordance with the CPA’s customer classes or rate structures, based upon customer usage data provided by the customer’s utility, and provide such charges or credits to the utility for presentment on the customer’s bill; or

(2) Provide the customer’s utility with either:

a. The custom rate applicable to the customer; or

b. The non-custom, complete schedule of electricity rates and service pricing options applicable to the customer’s class and rate structure.

(e) Within 90 days of the 2022 effective date of these rules, each electric distribution utility shall propose to the commission for review and approval through an adjudicated proceeding a program for the purchase of receivables of CPAs functioning as load serving entities and CEPS serving CPA customers consistent with the provisions of RSA 53-E:9.

APPENDIX I

Rule(s)

State Statue (RSA)

Federal Statute

Federal Regulation

Puc 2201

RSA 53-E:7, X

Puc 2202

RSA 53-E:7, X

Puc 2203

RSA 53-E:7, X

Puc 2204

RSA 53-E:7, X

Puc 2205

RSA 53-E:7, X

History

#13457, eff 10-12-22

Chapter Puc 2500 Electric Renewable Portfolio Standard

Part Puc 2501 Purpose and Applicability

N.H. Code Admin. R. Ann. Puc 2501.01 Purpose

The purpose of Puc 2500, pursuant to the mandate of RSA 362-F:13, is to provide for the administration of New Hampshire’s renewable portfolio standards

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2501.02 Applicability

Puc 2500 shall apply to:

(a) Providers of electricity in New Hampshire;

(b) Persons trading renewable energy certificates issued in compliance with RSA 362-F:6 and RSA 362-F:7;

(c) Persons who qualify for incentive payments, rebates or grants from the renewable energy fund established by RSA 362-F:10; and

(d) Renewable energy sources and eligible customer-sited sources.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

Part Puc 2502 Definitions

N.H. Code Admin. R. Ann. Puc 2502.01 Alternative compliance payment

“Alternative compliance payment” means a payment that a provider of electricity must remit to the commission for each renewable energy certificate in lieu of retiring certificates to meet the portfolio standards of Puc 2503 for a given year as required by RSA 362-F:10, II.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.02); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2502.02 Began operation

“Began operation” means, except where more specifically described in RSA 362-F:4, I(j) and (l)(5):

(a) For a new renewable energy source that has never previously operated as an electric generation facility, the date that it was first placed in service as a capital asset for the purpose of beginning depreciation under the regulations of the Internal Revenue Code of 1986, as amended; and

(b) For an electric generation facility that has repowered as a renewable energy source, the date that the facility or a capital addition thereto, for the purpose of repowering to renewable energy, is first placed in service as a repowered facility and as a capital asset for the purpose of beginning depreciation under the Internal Revenue Code of 1986, as amended.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.03); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2502.03 Biodiesel

“Biodiesel” means “biodiesel” as defined in RSA 362-A:1-a, I-b, namely “a renewable diesel fuel substitute that is composed of mono-alkyl esters of long chain fatty acids, is derived from vegetable oils or animal fats, and meets the requirements of the American Society for Testing and Materials (ASTM) specification D6751.”

History

#12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2502.04 Biomass fuels

“Biomass fuels” means “biomass fuels” as defined in RSA 362-F:2, II, namely “plant-derived fuel including clean and untreated wood such as brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips or pellets, shavings, sawdust and slash, agricultural crops, biogas, or liquid biofuels, but shall exclude any materials derived in whole or in part from construction and demolition debris.”

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.04); ss by #12473, eff 2-1-18 (formerly Puc 2502.03)

N.H. Code Admin. R. Ann. Puc 2502.05 Capital investment

“Capital investment” means investment in new plant and equipment directly related to restoring generation or increasing generating capacity including department permitting requirements for new plants.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.05); ss by #12473, eff 2-1-18 (formerly Puc 2502.04)

N.H. Code Admin. R. Ann. Puc 2502.06 Certificate

“Certificate” means “certificate” as defined in RSA 362-F:2, III, namely “the record that identifies and represents each megawatt-hour (MWh) generated by an eligible renewable energy generating source under RSA 362-F:6.” The term “certificate” also includes the terms “renewable energy certificate” and “REC.”

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.06); ss by #12473, eff 2-1-18 (formerly Puc 2502.05)

N.H. Code Admin. R. Ann. Puc 2502.07 Class I source

“Class I source” means:

(a) Pursuant to RSA 362-F:4, I(a), (c), (d), (e) and (f) a generation facility that began operation after January 1, 2006, and that produces electricity from any of the following:

(1) Wind energy;

(2) Hydrogen derived from biomass fuel or methane gas;

(3) Ocean thermal, wave, current, or tidal energy;

(4) Methane gas; or

(5) Biomass;

(b) A facility that produces useful thermal energy from geothermal energy, solar thermal energy, or thermal biomass renewable energy if the unit began operation after January 1, 2013, pursuant to RSA 362-F:4, I(b), (g) and (l);

(c) A Class II source to the extent it is not otherwise used to satisfy the minimum portfolio standards of other classes pursuant to RSA 362-F:4, I(h);

(d) The incremental new production of electricity in any year from an eligible biomass or methane source, or any hydroelectric generating facility licensed or exempted from licensure by the Federal Energy Regulatory Commission (FERC), regardless of gross nameplate capacity, over the facility’s historical generation baseline, provided:

(1) The commission certifies demonstrable completion of capital investments attributable to the efficiency improvements, additions of capacity, or increased renewable energy output that are sufficient to, were intended to, and can be demonstrated to increase annual renewable electricity output, as described in RSA 362-F:4, I(i); and

(2) That the incremental new production of electricity arises from the associated capital investment rather than the operational changes at such facility;

(e) The production of electricity from a Class III or Class IV source that began operation as a new facility by demonstrating that 80 percent of the resulting federal income tax basis of the source’s plant and equipment, but not its real property and intangible assets, is derived from capital investment that is directly related to restoring generation or increasing capacity, pursuant to RSA 362-F:4, I(j) and Puc 2502.05;

(f) The portion of production of electricity from any fossil-fueled generating facility that originally began operation prior to January 1, 2006, which is attributable to Class I eligible biomass fuels co-fired after January 1, 2012, as described in RSA 362-F:4, I(k); and

(g) The production of biodiesel by any facility located in New Hampshire that is used by a New Hampshire end user to produce useful thermal energy and meets the requirements of RSA 362-F:4, I (m) and this chapter.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.07); ss by #12473, eff 2-1-18 (formerly Puc 2502.06)

N.H. Code Admin. R. Ann. Puc 2502.08 Class II source

“Class II source” means a generation facility that produces electricity from solar technologies and that began operation after January 1, 2006, pursuant to RSA 362-F:4, II.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.08); ss by #12473, eff 2-1-18 (formerly Puc 2502.07)

N.H. Code Admin. R. Ann. Puc 2502.09 Class III source

“Class III source” means a generation facility that began operation prior to January 1, 2006, and produces electricity from eligible electric biomass technologies having a gross nameplate capacity of 25 megawatts or less, or from methane gas, except as specified in RSA 362-F:4, III(b). Class III sources do not include, for electricity production commencing January 1, 2017, methane gas if the production is from a source or sources which began operation prior to January 1, 2006 and which source exceeds, or sources exceed, a total gross nameplate capacity of 10 megawatts in the aggregate located at any single landfill site, with all phases, stages, cells, lifts, expansions, and other landfill areas combined in determining the single landfill site gross nameplate capacity and only class III and potential class III eligible sources at any single landfill site are included in determining whether the 10 megawatt aggregate limitation has been exceeded.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.09); ss by #12473, eff 2-1-18 (formerly Puc 2502.08)

N.H. Code Admin. R. Ann. Puc 2502.10 Class IV source

“Class IV source” means a hydroelectric generation facility that began operation prior to January 1, 2006, that has a gross nameplate capacity of 5 megawatts or less, and that meets the requirements of RSA 362-F:4, IV.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.10); ss by #12473, eff 2-1-18 (formerly Puc 2502.09)

N.H. Code Admin. R. Ann. Puc 2502.11 Co-fired electric generating facility

“Co-fired electric generating facility” means any fossil-fueled electric generation facility that originally began operation prior to January 1, 2006, if, after January 1, 2012, such facility co-fires with Class I eligible biomass fuels to displace the combustion of an amount of fossil fuels and that:

(a) Either has a quarterly average nitrogen oxide (NOx) emission rate, as measured and verified under RSA 362-F:12, of less than or equal to 0.075 pounds (lbs)/million British thermal units (MMBtu) or has a plan approved by the department for reductions in NOx emission from other emissions sources in accordance with RSA 362-F:4,I(k)(1); and

(b) Either has a particulate emission rate, as measured and verified under RSA 362-F:12, of less than or equal to 0.02 lbs/MMBtu or has a plan approved by the department for reductions in particulate matter emissions from emission sources owned by or affiliated with the co-firing entity in accordance with RSA 362-F:4,I(k)(2).

History

#9037, INTERIM, eff 11-27-07, EXPIRED 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.10)

N.H. Code Admin. R. Ann. Puc 2502.12 Commission

“Commission” means the New Hampshire public utilities commission.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.11)

N.H. Code Admin. R. Ann. Puc 2502.13 Control area

“Control area” means a geographic region in which a common generation control system is used to maintain the interchange of electrical energy within and outside the region.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.12)

N.H. Code Admin. R. Ann. Puc 2502.14 Customer-sited source

“Customer-sited source” means “customer sited-source” as defined in RSA 362-F:2, V, namely “a source that is interconnected on the end-use customer’s side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the end-use customer.”

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.13)

N.H. Code Admin. R. Ann. Puc 2502.15 Default service

“Default service” means “default service” as defined in RSA 362-F:2, VI, namely “electricity supply that is available to retail customers who are otherwise without an electricity supplier as defined in RSA 374-F:2, I-a.”

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.14)

N.H. Code Admin. R. Ann. Puc 2502.16 Department

“Department” means the New Hampshire department of environmental services.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.15)

N.H. Code Admin. R. Ann. Puc 2502.17 Distribution utility

“Distribution utility” means any electric transmission or distribution company and includes rural electric cooperatives.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.16)

N.H. Code Admin. R. Ann. Puc 2502.18 Eligible electric biomass technologies

“Eligible electric biomass technologies” means electric generating technologies that use biomass fuels as their primary fuel, provided that the generation unit:

(a) Has a quarterly average nitrogen oxide (NOX) emission rate for the hours in the calendar quarter during which the device generated electricity of less than or equal to 0.075 pounds/million British thermal units (lbs/MMBtu), and either has a particulate emission rate of less than or equal to 0.02 lbs/MMBtu as measured and verified under RSA 362-F:12, or is participating in a plan approved by the department under RSA 362-F:11, IV for reductions in particulate matter emissions from other emission sources comparable to the difference between the generation unit's particulate matter emissions rate and the 0.02 lbs/MMBtu rate; and

(b) Uses any fuel other than the primary fuel only for start-up, maintenance, or other required internal needs.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.17)

N.H. Code Admin. R. Ann. Puc 2502.19 End-use customer

“End-use customer” means any person or entity that purchases electricity supply at retail in New Hampshire from another person or entity but shall not include a generating facility taking station service at wholesale from the regional market administered by the independent system operator (ISO-New England) or self-supplying from its other generating stations.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.17); ss by #12473, eff 2-1-18 (formerly Puc 2502.18)

N.H. Code Admin. R. Ann. Puc 2502.20 Generation attributes

“Generation attributes” means the non-price characteristics of the electrical or thermal energy output of a unit including, but not limited to, the unit’s location, fuel type, actual emissions, vintage, and portfolio standard eligibility.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.18); ss by #12473, eff 2-1-18 (formerly Puc 2502.19)

N.H. Code Admin. R. Ann. Puc 2502.21 Generation information system (GIS)

“Generation information system (GIS)” means the system operated by the New England Power Pool (NEPOOL), which includes a generation information database and certificate system, and that accounts for certain generation attributes.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.19); ss by #12473, eff 2-1-18 (formerly Puc 2502.20)

N.H. Code Admin. R. Ann. Puc 2502.22 Historical generation baseline

“Historical generation baseline” means:

(a) For a hydroelectric facility, the average annual electrical production, in megawatt-hours, from the later of January 1, 1986, or the date of first commercial operation through December 31, 2005, adjusted as if any upgrade or expansion completed during the period had been in place over the entire period as described in RSA 362-F:2, X(b); or

(b) For other facilities, the average annual electrical production, in megawatt-hours, for 2004 through 2006, or for the first 36 months after the facility began operation if that date is after December 31, 2001, as described in RSA 362-F:2, X(a).

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.20); ss by #12473, eff 2-1-18 (formerly Puc 2502.21)

N.H. Code Admin. R. Ann. Puc 2502.23 ISO New England

“ISO New England” means the not-for-profit regional transmission organization authorized by FERC to operate the bulk electricity transmission system in the New England Control Area, or its successor.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.21); ss by #12473, eff 2-1-18 (formerly Puc 2502.22)

N.H. Code Admin. R. Ann. Puc 2502.24 Incremental new production

“Incremental new production” means the difference between the yearly electricity output of an eligible source and its historical generation baseline.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.22); ss by #12473, eff 2-1-18 (formerly Puc 2502.23)

N.H. Code Admin. R. Ann. Puc 2502.25 Independent monitor

“Independent monitor” means a person or entity certified by the commission to perform duties pursuant to Puc 2505.10.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.24)

N.H. Code Admin. R. Ann. Puc 2502.26 Large biodiesel end user

“Large biodiesel end user” means a person or entity who or which uses biodiesel to produce useful thermal energy using a thermal energy system with a total gross nameplate heating capacity of all units combined of more than 1,000,000 British thermal units (Btu) per hour of heat input.

History

#12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2502.27 Large thermal source

“Large thermal source” means a source with a total gross nameplate heating capacity of its REC eligible units, combined, of more than 1,000,000 Btu per hour of heat input.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.23); ss by #12473, eff 2-1-18 (formerly Puc 2502.25)

N.H. Code Admin. R. Ann. Puc 2502.28 Methane gas

“Methane gas” means “methane gas” as defined in RSA 362-F:2, XI, namely “biologically derived methane gas from anaerobic digestion of organic materials from such sources as yard waste, food waste, animal waste, sewage sludge, septage, and landfill waste.”

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.23); ss by #12473, eff 2-1-18 (formerly Puc 2502.26)

N.H. Code Admin. R. Ann. Puc 2502.29 New England control area

“New England control area” means “New England control area” as defined in RSA 362-F:2, XII, namely “the term as defined in ISO-New England’s transmission, markets and services tariff, FERC electric tariff no. 3, section II.” This includes Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, and those parts of Maine not assigned to another control area pursuant to a FERC-approved tariff.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.26); ss by #12473, eff 2-1-18 (formerly Puc 2502.27)

N.H. Code Admin. R. Ann. Puc 2502.30 Portfolio standards

“Portfolio standards” means the minimum renewable energy certificate obligations pursuant to RSA 362-F:3 and Puc 2503.01.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.27); ss by #12473, eff 2-1-18 (formerly Puc 2502.28)

N.H. Code Admin. R. Ann. Puc 2502.31 Primary fuel

“Primary fuel” means “primary fuel” as defined in RSA 362-F:2, XIII, namely “a fuel or fuels, either singly or in combination, that comprises at least 90 percent of the total energy input into a generating unit.”

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.28); ss by #12473, eff 2-1-18 (formerly Puc 2502.29)

N.H. Code Admin. R. Ann. Puc 2502.32 Provider of electricity

“Provider of electricity” means “provider of electricity” as defined in RSA 362-F:2, XIV.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.29); ss by #12473, eff 2-1-18 (formerly Puc 2502.30)

N.H. Code Admin. R. Ann. Puc 2502.33 Renewable energy fund

“Renewable energy fund” means the nonlapsing special fund created by RSA 362-F:10 and administered by the commission.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2502.30); ss by #12473, eff 2-1-18 (formerly Puc 2502.31)

N.H. Code Admin. R. Ann. Puc 2502.34 Renewable energy source

“Renewable energy source” means “renewable energy source” as defined in RSA 362-F:2, XV, namely “a Class I, II, III, or IV source of electricity or a Class I source of useful thermal energy. An electrical generating facility, while selling its electrical output at long-term rates established before January 1, 2007 by orders of the commission under RSA 362-A:4, shall not be considered a renewable source.” The term “renewable energy source” includes the terms “renewable source” and “source.”

History

#10741, eff 12-5-14 (from Puc 2502.31); ss by #12473, eff 2-1-18 (formerly Puc 2502.32)

N.H. Code Admin. R. Ann. Puc 2502.35 Retire

“Retire” means to make no further use of a certificate for purposes of trading in the generation attributes associated with the certificate.

History

#10741, eff 12-5-14 (from Puc 2502.32); ss by #12473, eff 2-1-18 (formerly Puc 2502.33)

N.H. Code Admin. R. Ann. Puc 2502.36 Revenue quality meter

“Revenue quality meter” means an electricity meter used by a customer-sited source that is of sufficient quality to be eligible for use by a distribution utility to measure for billing purposes the customer’s electricity consumption.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18 (from Puc 2502.32); ss by #12473, eff 2-1-18 (formerly Puc 2502.34)

N.H. Code Admin. R. Ann. Puc 2502.37 Small thermal source

“Small thermal source” means a source with a total gross nameplate heating capacity of its REC eligible units, combined, of 1,000,000 Btu per hour or less of heat input.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.35)

N.H. Code Admin. R. Ann. Puc 2502.38 Thermal biomass renewable energy technologies

“Thermal biomass renewable energy technologies” means facilities, comprised of one or more biomass units, that produce useful thermal energy using biomass as the fuel source, that began operation after January 1, 2013, and that:

(a) If the biomass unit is rated between 3 and 30 MMBtu/hour design gross heat input, has a particulate emission rate from the unit that is less than or equal to 0.10 lbs/MMBtu;

(b) If the biomass unit is rated equal to or greater than 30 MMBtu/hour design gross heat input, has a particulate emission rate from the unit that is less than or equal to 0.02 lbs/MMBtu as measured and verified by the department pursuant to RSA 362-F:12;

(c) If the biomass unit is rated less than 100 MMBtu/hour design gross heat input, implements best management practices as established by the department; and

(d) If the biomass unit is rated equal to or greater than 100 MMBtu/hour design gross heat input, has a quarterly average NOx emission rate that is no more than 0.075 lbs/MMBtu as measured and verified by the department pursuant to RSA 362-F:12.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.36)

N.H. Code Admin. R. Ann. Puc 2502.39 Useful thermal energy

“Useful thermal energy” means “useful thermal energy” as defined in RSA 362-F:2, XV-a, namely “renewable energy delivered from Class I sources that can be metered and that is delivered in New Hampshire to an end user in the form of direct heat, steam, hot water, or other thermal form that is used for heating, cooling, humidity control, process use, or other valid thermal end use energy requirements and for which fuel or electricity would otherwise be consumed.”

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.37)

N.H. Code Admin. R. Ann. Puc 2502.40 Year

“Year” means “year” as defined in RSA 362-F:2, XVI, namely “a calendar year beginning January 1 and ending December 31.”

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18 (formerly Puc 2502.38)

Part Puc 2503 Portfolio Standards

N.H. Code Admin. R. Ann. Puc 2503.01 Portfolio Standards

(a) Except as provided in (j) and (o) below, for each year specified in Table 2500.01 below each provider of electricity shall:

(1) Obtain and retire certificates sufficient in number and class type to meet or exceed the percentages of total megawatt-hours of electricity supplied by the provider to its end-use customers for each year as established by (b) through (h) below; or

(2) Make alternative compliance payments pursuant to Puc 2503.02.

(b) Except as provided in (j) and (o) below, for years 2012 through 2025 and thereafter, the percentages shall be as specified in RSA 362-F:3, which are set forth in Table 2500.01 as follows, as such percentages have been modified through 2016 by the Commission in proceedings conducted pursuant to (d) through (i) below, and as such percentages may be modified thereafter pursuant to (d) through (i) below.

Table 2500.01 Portfolio Standards

Calendar Year

Class I Non-Thermal

Class I from useful thermal energy

Total Class I

Class II

Class III

Class IV

2012

3.00%

0.00%

3.00%

0.15%

1.40%

1.00%

2013

3.80%

0.00%

3.80%

0.20%

0.50%

1.30%

2014

4.60%

0.40%

5.00%

0.30%

0.50%

1.40%

2015

5.40%

0.60%

6.00%

0.30%

0.50%

1.50%

2016

5.60%

0.60%

6.20%

0.30%

0.50%

1.50%

2017

6.80%

1.00%

7.80%

0.30%

8.00%

1.50%

2018

7.50%

1.20%

8.70%

0.50%

8.00%

1.50%

2019

8.20%

1.40%

9.60%

0.60%

8.00%

1.50%

2020

8.90%

1.60%

10.50%

0.70%

8.00%

1.50%

2021

9.60%

1.80%

11.40%

0.70%

8.00%

1.50%

2022

10.30%

2.00%

12.30%

0.70%

8.00%

1.50%

2023

11.00%

2.20%

13.20%

0.70%

8.00%

1.50%

2024

11.90%

2.20%

14.10%

0.70%

8.00%

1.50%

2025 and thereafter

12.80%

2.20%

15.00%

0.70%

8.00%

1.50%

(c) A provider of electricity may use certificates issued based on the production of biodiesel to meet up to 12.5% of the provider's non-thermal class I portfolio standard requirements in any given year.

(d) Pursuant to RSA 362-F:4, V, upon a petition or on its own motion, and after notice and hearing, the commission shall for good cause accelerate or delay by up to one year any annual increase in Class I or Class II portfolio standards.

(e) For purposes of (d) above, “good cause” means that the acceleration or delay of an increase is reasonably expected to:

(1) Increase investment in renewable energy production in New Hampshire; or

(2) Mitigate cost increases to retail electric rates for New Hampshire customers without materially hindering the development of renewable resources.

(f) Pursuant to RSA 362-F:4, VI, the commission shall, after notice and hearing, modify the Class III and Class IV portfolio standards if:

(1) The modified portfolio standards would be at least 85 percent but not more than 95 percent of the reasonable expected annual output of available eligible sources; and

(2) The modification would be consistent with the purposes of RSA 362-F.

(g) In determining whether to modify Class III and Class IV portfolio standards pursuant to (f) above, the commission shall consider evidence regarding supply and demand from similar programs in other states.

(h) Proceedings conducted under (d) through (g) above shall be adjudicative and shall be conducted pursuant to Puc 203. A notice issued pursuant to Puc 203.12 in such proceeding shall be sent to all providers of electricity.

(i) The commission shall post each order issued pursuant to (d) through (g) above on its web site.

(j) Pursuant to RSA 362-F:15, I, increases in the annual purchase percentages applicable to class II for 2018 and thereafter shall not apply to the megawatt-hours delivered during the contract term under any electrical power supply contract entered into prior to July 11, 2017, provided that the contract term in effect before such effective date has not been extended or otherwise increased after that date. All megawatt-hours delivered under any such contract shall be subject to a class II annual purchase percentage of 0.30%.

(k) Pursuant to RSA 362-F:15, II(b), certificates for periods after March 31, 2017 produced by previously-certified class III sources determined to be ineligible because they have a total aggregate gross nameplate capacity in excess of 10 megawatts located at a single landfill site, including all phases, stages, cells, lifts, expansions, and other landfill areas, shall not be used for portfolio standards compliance.

(l) Notwithstanding (k) above, any such Class III certificates purchased pursuant to a contract entered into prior to July 11, 2017 shall be eligible for portfolio standards compliance for the term of such contract, and provided that the term of the contract has not been extended or otherwise increased after that date.

(m) Providers of electricity shall inform the commission by July 1, 2018 and by July 1 of each year thereafter through July 1, 2020, of all contracts referenced in (j) and (l) above. Such information shall include the execution date and expiration date of the contract, the basis for exemption under (j) or (l) above, and, in the case of contracts referenced in (j) above, the annual megawatt-hours supplied and exempted, and, in the case of contracts referenced in (l) above, the annual amount of exempted Class III methane gas certificates and the basis for exemption.

(n) All information filed with the commission pursuant to (l) above shall be deemed exempt from public disclosure pursuant to the provisions of RSA 91-A:5, IV and shall be marked “confidential” by the filer of such information.

(o) The annual portfolio standards set forth in Table 2500.02 shall apply to the electrical load under any electrical power supply contracts for a term of years entered into by providers of electricity on or before July 1, 2012. Upon the expiration of any such contract, the portfolio standards set forth in Table 2500.01 shall apply. For purposes of this section, “term of years” means a contract term of 12 months or more from the date of execution, without regard to any renewal or extension period.

Table 2500.02 Portfolio Standards

for Power Supply Contracts Entered into Prior to July 1, 2012

Calendar Year

Class I

Class II

Class III

Class IV

2012

3.0%

0.15%

6.5%

1.0%

2013

4.0%

0.2%

6.5%

1.0%

2014

5.0%

0.3%

6.5%

1.0%

2015

6.0%

0.3%

6.5%

1.0%

2016

7.0%

0.3%

6.5%

1.0%

2017

8.0%

0.3%

6.5%

1.0%

2018

9.0%

0.3%

6.5%

1.0%

2019

10.0%

0.3%

6.5%

1.0%

2020

11.0%

0.3%

6.5%

1.0%

2021

12.0%

0.3%

6.5%

1.0%

2022

13.0%

0.3%

6.5%

1.0%

2023

14.0%

0.3%

6.5%

1.0%

2024

15.0%

0.3%

6.5%

1.0%

2025

16.0%

0.3%

6.5%

1.0%

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2503.02 Alternative Compliance Payments

(a) In lieu of meeting the portfolio standards of RSA 362-F:3 and Puc 2503.01(a)(1) for a given year, if and to the extent sufficient certificates are not otherwise available at a price below the amounts specified in RSA 362-F:10, II and III, a provider of electricity shall make the appropriate alternative compliance payment to the commission at the rates established by RSA 362-F:10, II and III and calculated by the commission.

(b) On or before January 31 of each year, the commission shall establish that year’s alternative compliance payment rate for each class as directed by RSA 362-F:10, III.

(c) The commission shall publish its schedule of alternative compliance payment rates established pursuant to this part on the commission’s web site.

(d) A provider of electricity shall remit alternative compliance payments for each year by the following July 1 as specified by Puc 2503.03(b).

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2503.03 Annual Compliance Report

(a) On or before July 1 of each year, a provider of electricity shall provide the commission with the information required in (c) below, documenting the provider’s compliance with this part for the preceding year.

(b) On or before July 1 of each year, the provider of electricity shall submit to the commission either a check payable to the state of New Hampshire in the amount of any alternative compliance payments due pursuant to Puc 2503.02 or documentation that the funds have been electronically transferred to the renewable energy fund bank account.

(1) The name of the provider of electricity filing the report;

(2) The date of the report;

(3) The year represented by the report;

(4) The name, title, and signature of the officer or employee who prepared the report;

(5) The total number of kilowatt-hours of electricity sold or delivered to end use customers;

(6) A list of electrical power supply contracts for a term of years that were executed on or before July 1, 2012, pursuant to Puc 2503.01(n), including the execution date and expiration dates of each contract, the annual amount of electricity supplied in kilowatt-hours under the contract during the preceding year, and the total amount of electricity supplied under all such contracts during the preceding year;

(7) A list of all contracts referenced in Puc 2503.01(j), including the execution date and expiration date of the contract, the basis for exemption under Puc 2503.01(j), and the annual megawatt-hours supplied and exempted;

(8) A list of all contracts referenced in Puc 2503.01(k), including the execution date and expiration date of the contract, the basis for exemption under Puc 2503.01(k), and the annual amount of exempted Class III methane gas certificates and the basis for exemption;

(9) Total certificate obligations in kilowatt-hours for each class calculated using the percentages in Table 2500.01 and, as applicable, Table 2500.02;

(10) Total GIS certificates retired for each class of sources listed in Table 2500.01 and, as applicable, Table 2500.02;

(11) Total GIS biodiesel certificates retired to meet up to 12.5% of class I non-thermal requirement;

(12) Total costs incurred for the purchase of certificates by class;

(13) Total certificates from years other than the compliance year by class and by year of issuance used pursuant to RSA 362-F:7, I;

(14) The balance of certificate obligations to be met with alternative compliance payments by class;

(15) The total dollar amount of alternative compliance payments owed by class using the alternative compliance payments schedule determined by the commission pursuant to Puc 2503.02;

(16) The total excess certificates by class to be banked for future compliance years; and

(17) The total net metering certificate credits by class calculated pursuant to RSA 362-F:6, II-a and Puc 2503.04.

(d) A provider of electricity shall separately file its report titled “My Settled Certificates Disposition,” issued by the GIS to the provider containing the final number of certificates settled for the prior year no later than July 31 of each year.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2503.04 Net-Metering Credit

(a) A provider of electricity shall receive Class I and Class II certificate credits for the production of electricity at customer-sited sources that is net-metered to a distribution utility pursuant to RSA 362-A:9 and Puc 900 provided that:

(1) The customer-sited source is eligible to produce Class I or Class II certificates;

(2) The commission has not certified the customer-sited source for the production of Class I or Class II certificates; and

(3) The certificates or generation attributes have not been used for compliance with any similar requirements of another non-federal jurisdiction, or otherwise sold, retired, claimed, or represented as part of any other electrical energy output, thermal energy output, portfolio, or sale.

(b) On or before February 1 of each year, distribution utilities shall submit to the commission the following:

(1) A list of customer-sited sources eligible for Class I certification that meet the requirements of Puc 2503.04(a)(1), including the owner of the source, the location of the source, the type of renewable energy used by the source, the nameplate rated capacity or system design capacity in alternating current of the generator in kilowatts (kW), and the date the source became operational;

(2) A list of customer-sited sources eligible for Class II certification that meet the requirements of Puc 2503.04 (a)(1), including the owner of the source, the location of the source, the nameplate rated capacity or system design capacity of the inverters in alternating current, and the date the source became operational;

(3) Total annual electricity sales in kWh for the preceding year; and

(4) Total default service sales in kWh or equivalent for the preceding year.

(c) The commission shall estimate the total yearly production for Class I and Class II customer-sited sources identified pursuant to paragraph (b) using a capacity factor rating of 20 percent for each installation.

(d) By February 28 of each year, the commission shall compute and make public credit percentages that are equal to the estimated production for the prior year in each class divided by the total amount of electricity supplied to end-use customers in the prior year, with the results converted to a percentage.

(e) Each provider of electricity may, at the time of filing its annual report pursuant to Puc 2503.03, claim a Class I and a Class II certificate credit equal to the credit percentage for each class multiplied by the total megawatt-hours of electricity supplied by the provider to its end-use customers in the preceding year.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2503.05 Certificate Banking

(a) Except as provided in paragraphs (b) through (d) below, certificates obtained in compliance with this chapter shall be used to comply with the portfolio standards for the year in which the energy represented by the certificate was produced.

(b) A provider of electricity may bank unused certificates and thereafter use them to comply with the portfolio standards for the 2 years following the year in which the energy was produced pursuant to (c) below.

(1) By July 1 of each year, information regarding the total amount of excess certificates by class to be banked for future compliance years; and

(2) By July 31 of each year, the report titled “My Settled Certificates Disposition,” issued by GIS to the owner indicating the total number of certificates owned and settled for the prior year.

(d) No provider of electricity shall meet more than 30 percent of its portfolio standards for any individual class in any given year with certificates acquired pursuant to paragraph (b).

History

#10741, eff 12-5-14 (from Puc 2503.04); ss by #12473, eff 2-1-18

Part Puc 2504 Issuance and Transfer of Renewable Energy Certificates

N.H. Code Admin. R. Ann. Puc 2504.01 Location of Sources Eligible to be Issued Certificates

(a) Certificates used to comply with the portfolio standards shall, pursuant to RSA 362-F:6, IV, originate from:

(1) Sources within the New England control area; or

(2) Sources in a control area adjacent to the New England control area, provided that the energy is delivered within the New England control area and such delivery is verified by submitting to the commission:

a. Documentation of a unit-specific bilateral contract or other legally enforceable obligation that is executed between the source owner, operator, or authorized agent and an electric energy purchaser located within the New England control area for delivery of the source’s electric energy to the New England control area;

b. Proof of associated transmission rights for delivery of the source's electric energy from the generation unit of the source through the adjacent control area to the New England control area;

c. Documentation that the electrical energy delivered was settled in the ISO-New England wholesale market system;

d. Documentation that the source produced, during each hour of the applicable month, the amount of megawatt-hours claimed, as verified by the GIS administrator; and

e. Confirmation that the electrical energy delivered under the legal obligation received a North American Electric Reliability Corporation tag from the originating control area to the New England control area.

(b) If the originating control area employs a generation information system that is comparable to the GIS, such system may be used to support the documentation required in (a)(2)d above.

(c) Issuance, qualification, sales, exchanges, and retirement of certificates pursuant to this chapter shall be conducted through the GIS according to its operating rules.

(d) Certificates used to comply with the thermal portfolio standards shall originate from sources that delivered the useful thermal energy in New Hampshire.

(e) Certificates based on the production of biodiesel at a facility located in New Hampshire on or after January 1, 2018 shall be issued based on delivery of the biodiesel to end users in New Hampshire to be used to produce useful thermal energy.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2504.02 Transferability of Certificates

(a) A certificate may be sold or otherwise exchanged by the source to which it was initially issued or by any other person or entity that acquires the certificate.

(b) A certificate shall be used only once for compliance with the portfolio standards of this chapter.

(c) A certificate shall not be used for compliance with this chapter if it has been used for compliance with any similar requirements of another non-federal jurisdiction, or otherwise sold, retired, claimed or represented as part of any other electrical energy output, thermal energy output, portfolio, or sale.

(d) A certificate that has been used for compliance with this chapter shall not be used for compliance with any similar requirements of another non-federal jurisdiction, or otherwise sold, retired, claimed or represented as part of any other electrical energy output, thermal energy output, portfolio, or sale.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

Part Puc 2505 Certification of Renewable Energy Sources

N.H. Code Admin. R. Ann. Puc 2505.01 Eligibility Determinations

(a) The commission shall within 45 days of receiving a completed application pursuant to this part determine the eligibility of a facility to be issued new certificates.

(b) The applicant shall have the burden of demonstrating eligibility to be issued new certificates.

(c) The effective date of certification shall be the date that a completed application is submitted to the commission, except that the certification of a biodiesel production facility shall be effective as of January 1, 2018 if a complete application for certification of that facility is submitted to the Commission within 60 days following the effective date of these rules.

(d) When issuing a certification under this rule, the commission shall provide a copy to the owner of the facility and the administrator of the GIS. To be issued new certificates, the owner shall register with the GIS and comply with its rules and procedures.

(e) No generation facility shall be eligible to be issued new certificates under this chapter while selling its electrical output at long-term rates established before January 1, 2007, by orders of the commission under RSA 362-A:4.

(f) No customer-sited source shall be certified as eligible to be issued new certificates under this part unless the source is located in New Hampshire.

(g) No thermal energy source shall be certified as eligible to be issued new certificates under this part unless the thermal energy is delivered in New Hampshire.

(h) No biodiesel production facility shall be certified as eligible to be issued new certificates under this part unless the facility is located in New Hampshire.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.02 Application Requirements

(a) To qualify as a facility eligible to be issued new certificates under this chapter, a proposed source shall demonstrate its eligibility under Class I, II, III, or IV by providing the commission with the information specified in this section.

(b) For customer-sited sources with a gross nameplate capacity or system design capacity of 100 kilowatts in alternating current or less of electricity, the applicant shall provide:

(1) The name, address, and contact information of the applicant and of the owner of the source, if different;

(2) The name and location of the facility, the initial date of operation, and if applicable, the facility operator and contact information;

(3) A complete list of the equipment used at the facility, including the meter and, if applicable, the inverter;

(4) The gross nameplate capacity or system design capacity of the source;

(5) The GIS facility code;

(6) The name and contact information of the installer of the generation equipment, or a statement that the equipment was installed directly by the customer;

(7) The name and contact information of the seller of the generation equipment;

(8) The name and contact information of the independent monitor of the source;

(9) A copy of the interconnection agreement pursuant to Puc 307.06, if applicable, between the applicant and the distribution utility;

(10) For an installation with electric output, documentation of the applicable distribution utility’s approval of the installation;

(11) For a source using electric biomass technology or a co-fired electric generating facility, documentation from the department certifying compliance with emission requirements as described in (c)(6) below;

(12) A statement that the project meets the metering requirements of Puc 2506;

(13) A statement that the project is installed and operating in conformance with any applicable building codes; and

(14) A statement by the owner that the information provided is accurate.

(c) For customer-sited sources with a gross nameplate capacity or system design capacity of more than 100 kilowatts in alternating current and for all other sources generating electricity, the applicant shall provide:

(1) The name and address of the applicant and of the owner of the source, if different;

(2) The name and location of the facility, and if applicable, the facility operator and contact information;

(3) The ISO-New England asset identification number, if available;

(4) The GIS facility code;

(5) A description of the facility, including fuel type, gross nameplate capacity or system design capacity, the initial commercial operation date, and the date it began operation, if different;

(6) If an eligible electric biomass technology or co-fired electric generating facility, the following documentation from the department certifying compliance with emission requirements including the following:

a. NOX emission rate in lb/MMBtu, quarterly average;

b. Particulate matter emission rate in lb/MMBtu;

c. Other source NOx emission reduction plan for a co-fired electric generating facility, as applicable;

d. Other source particulate emission reduction plan, as applicable; and

e. For co-fired electric generating facilities, the methodology to be used to calculate the electrical production derived from the combustion of biomass fuels;

(7) All other necessary regulatory approvals that are related to REC requirements, including any reviews, approvals, or permits required by the department;

(8) Proof that the applicant either has an approved interconnection study on file with the commission, is a party to a currently effective interconnection agreement, or is otherwise not required to undertake an interconnection study;

(9) A description of how the generation facility is connected to the distribution utility;

(10) A description of how the facility’s output is reported to the GIS if not reported to and verified by ISO-New England;

(11) A statement as to whether the facility has been certified under another non-federal jurisdiction’s renewable portfolio standard and proof thereof;

(12) A statement as to whether the facility’s output is reported to and verified by ISO-New England;

(13) A statement that the source complies with the metering requirements of Puc 2506;

(14) A statement by the owner that the information provided is accurate;

(15) The name and telephone number of the facility’s operator, if different from the owner;

(16) If applicable, the name and contact information of the independent monitor of the source; and

(17) Such other information as the applicant wishes to provide to assist in classification of the generating facility.

(d) For sources producing useful thermal energy, the applicant shall provide:

(1) The name, address, and contact information of the applicant and of the owner of the source, if different;

(2) The name and location of the facility, the date of initial operation, and if applicable, the facility operator and contact information;

(3) A description of the equipment and meters used to measure useful thermal energy including the manufacturer, model, placement of the sensors in the energy production system, temperature operating range, flow operating range, thermal energy operating range, and pressure operating range, if applicable;

(4) A description of the manufacturer’s recommended methods and frequency for meter calibration;

(5) The rated thermal heating capacity of the facility, expressed in Btu/hour and megawatt equivalent;

(6) The GIS facility code;

(7) The name and contact information of the installer of thermal biomass facility, solar thermal technology, or geothermal system, or a statement that the equipment was installed directly by the owner;

(8) The name and contact information of the seller of the thermal equipment;

(9) The name and contact information of the independent monitor of the facility;

(10) For large thermal sources, the manufacturer’s guaranteed accuracy of the meters or sensors used to calculate thermal energy output and, for small thermal sources which shall measure useful thermal energy pursuant to Puc 2506.04(g)(2) through (g)(4);

(11) For small thermal sources, a description of the methodology used to calculate the useful thermal energy pursuant to Puc 2506.04 including the equations and values for the variables in the equations;

(12) For large thermal sources, a description of the methodology used to calculate the useful thermal energy pursuant to Puc 2506.04;

(13) The discount factors for meter accuracy pursuant to Puc 2506.05(e) to be applied for REC calculations, if applicable;

(14) The discount factor for operating energy and thermal energy losses pursuant to Puc 2506.05(f) to be applied for REC calculations, if applicable, or a detailed description of the method for determining a discount factor for operating energy and thermal energy losses, if applicable;

(15) If a thermal biomass facility, the following documentation from the department certifying compliance with the following, as applicable:

a. For units with a heat input capacity of 100 MMBtu/hour or greater, the NOX emission rate in lb/MMBtu, quarterly average;

b. For units with a heat input capacity of 3 MMBtu/hour or greater, the particulate matter emission rate in lb/MMBtu;

c. A description of pollution control equipment or proposed practices for compliance with NOx and particulate matter requirements; and

d. For units with a heat input capacity of less than 100 MMBtu/hour, the proposed best management practices that are consistent with the recommendations in the report entitled “Emission Controls for Small Wood-Fired Boilers” prepared for the United States Forest Service, Western Forestry Leadership Coalition, by RSG, Inc., May 6, 2010, available at http://www.biomasscenter.org/images/stories/FSE_PM_Emissions.pdf, as specified in Appendix B.

(16) A statement as to whether the facility has been certified under another non-federal jurisdiction’s renewable portfolio standards and proof thereof;

(17) Such other information as the applicant wishes to provide to assist in certification of the facility;

(18) A statement by the owner that the information provided is accurate and that all other necessary regulatory approvals that are related to REC eligible facilities have been received, including any reviews, approvals or permits required by the department; and

(19) A statement by a professional engineer that is licensed in New Hampshire and in good standing that the project meets the metering requirements of Puc 2506 and that the meters were installed according to manufacturer’s recommendation, and that the renewable energy source meets the requirements of this part.

(e) For combined heat and power facilities, the applicant shall provide:

(1) As to the eligibility to be issued certificates for electricity production, the information required under Puc 2505.02(b) or (c); and

(2) As to the eligibility to be issued certificates for thermal energy output, the information required under Puc 2505.02(d).

(f) For biodiesel production facilities, the applicant shall provide:

(1) The name, address, and contact information of the applicant and of the owner of the facility, if different;

(2) The name and location of the facility, the date of initial operation, and, if applicable, the facility operator and contact information;

(3) The GIS facility code;

(4) The name and contact information of the independent monitor of the facility;

(5) Production facility capacity and volume of annual production output;

(6) A description of the equipment and meters used to measure biodiesel production and sales;

(7) Copies of all applicable air emissions and water discharge permits and approvals for operation in the State of New Hampshire, or certification that the facility is not required to obtain any such permits or approvals;

(8) Certification by the producer that the facility is in compliance with all applicable air emissions and water discharge standards; and

(9) As required for the sale of biodiesel in New Hampshire under RSA 260:52-f, certification by the producer that the biodiesel fuel produced meets the ASTM D6751 standard specifications pursuant to RSA 362-A:1-a, I-b.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.03 Preliminary Designation

(a) A developer of a proposed new or repowered source may request preliminary designation as an eligible source by submitting the information described in Puc 2505.02, provided that any tentative or estimated information, such as the initial commercial operation date, is so identified.

(b) The commission shall rule on a request for preliminary designation within 60 days of receiving all the required information. The commission shall grant the request for preliminary designation when the facts provided demonstrate that the planned facility is expected to meet the requirements of the requested class. When granting such a request, the commission shall attach such conditions to its approval as are reasonably necessary to ensure compliance with RSA 362-F and this chapter. When denying such a request, the commission shall provide a detailed explanation of the basis for its decision.

(c) Preliminary designation under this section shall not exempt a facility from the regular application requirements of this part. A facility granted preliminary designation of eligibility shall be entitled to full certification, provided that the facility as constructed or modified is consistent with the facts as stated in the request for preliminary designation and complies with any conditions added by the commission.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.04 Certification of Biomass Facilities Producing Electricity or Useful Thermal Energy

(a) Eligibility determinations of facilities that use biomass fuels shall be conditional as required by RSA 362-F:11, III.

(b) Each thermal biomass renewable energy source shall file with the department a statement that the source was operated in compliance with all the eligibility criteria to produce RECs for the applicable period, including the following information for the source:

(1) Within 45 days of the end of each calendar quarter, for a thermal biomass unit rated greater than 100 MMBtu/hr, quarterly average NOx emission rate;

(2) Within 45 days of the end of the calendar quarter in which the testing occurred, for a thermal biomass unit rated greater than 30 MMBtu/hr, particulate matter emission rate from the most recent stack test report; and

(3) Within 45 days of the end of the calendar quarter in which the testing occurred, for a thermal biomass unit rated less than 100 MMBtu/hr, the most recent test report demonstrating compliance with best management practices.

(c) Each eligible electric biomass source shall file with the department within 45 days of the end of each calendar quarter the following:

(1) Documentation showing the source’s average NOx emission rate for such quarter as required by RSA 362-F:12, III;

(2) Documentation showing the source’s particulate matter emission rates for the most recent particulate matter stack test results as required by RSA 362-F:12, III;

(3) If a co-fired electric generating facility, documentation of compliance with the emission reduction plan for other NOx emission sources, as applicable; and

(4) If a co-fired electric generating facility or eligible electric biomass technology, documentation of compliance with the emission reduction plan for other PM emission sources, as applicable.

(d) Documentation for purposes of (c) above shall include copies of the applicable pages from the excess emission report from the subject quarter and the most recent particulate matter stack test report.

(e) Within 10 days of receiving notice from the department that a facility conditionally certified pursuant to paragraph (a) has met the department’s emissions standards pursuant to RSA 362-F:12, III, the commission shall certify the facility as eligible to be issued certificates.

(f) An eligible electric biomass facility that otherwise meets the eligibility requirements of Class III but which, as of January 1, 2012, was not eligible due to inability to achieve the particulate matter emissions rate specified in RSA 362-F:2, VIII(a), and which obtains department approval of an alternative plan under RSA 362-F:2, VIII(a), shall inform the commission of the approved plan and the commission shall determine the eligibility of the source in accordance with the department-approved plan pursuant to RSA 362-F:11, IV.

(g) A biomass facility generating electricity shall verify compliance with the emission standard for particulate matter by conducting a stack test in accordance with Env-A 800 and as follows:

(1) For purposes of initial certification the testing shall occur prior to the first quarter for which the facility wishes to produce RECs;

(2) Except as provided for in RSA 362-F:12, II, the results of the most recent stack test shall be valid for use in verifying the particulate emission rate beginning with the calendar quarter following the stack test and for 3 subsequent calendar quarters;

(3) If a facility conducts a stack test that fails to demonstrate compliance with the particulate emission standard, the facility shall be deemed to have not met the particulate emission standard for the quarter in which the unsuccessful test was performed; and

(4) Notwithstanding (3) above, the unit may demonstrate that it meets the particular emission standard for a quarter in which it fails a test if it subsequently passes a test and the operating hours between the failed and passing tests represent less than 10 percent of the unit’s total operating time for that quarter.

(h) All eligible electric biomass technologies and any thermal biomass renewable energy technology rated equal to or greater than 100 MMBtu/hour gross heat input shall verify compliance with the emission standards for NOx through continuous emission monitors in compliance with Env-A 808, including but not limited to the following:

(1) A biomass facility shall conduct a relative accuracy test audit of the continuous emission monitor to certify the accuracy of the NOx emissions data at least once every 4 calendar quarters, and prior to the quarter for which the facility first wishes to produce RECs; and

(2) The continuous emission monitor for measurement of NOx emission data shall have data availability equal to or greater than 90 percent per calendar quarter as specified in Env-A 808 for the verification of NOx emissions.

(i) A thermal biomass unit rated greater than 3 MMBtu/hour and less than 30 MMBtu/hour gross heat input shall verify compliance with the emission standard for particulate matter by conducting a one-time stack test prior to the first quarter in which the unit intends to produce RECs. The stack test shall be conducted in accordance with Env-A 800.

(j) A thermal biomass unit rated equal to or greater than 30 MMBtu/hour shall verify compliance with the emission standard for particulate matter by conducting a stack test in accordance with Env-A 800 and as follows:

(1) For purposes of initial certification, the testing shall occur prior to the first quarter for which the facility wishes to generate credits;

(2) Except as provided for in RSA 362-F:12, II, the results of the most recent stack test may be used to verify the particulate emission rate for the period beginning with the calendar quarter following the stack test and for 3 subsequent calendar quarters;

(3) If a facility conducts a stack test that fails to demonstrate compliance with the particulate emission standard, the facility shall be deemed to not have met the particulate standard for the quarter in which the unsuccessful test was performed; and

(4) Notwithstanding (3) above, the unit may demonstrate that it met the particulate emission standard for a quarter in which it failed a test if it subsequently passes a test and the operating hours between the failed and passing tests represent less than 10 percent of the unit’s total operating hours for that quarter.

(k) A thermal biomass unit rated less than 100 MMBtu/hour gross heat input shall verify compliance with best management practices as determined and approved by the department in accordance with the report entitled “Emission Controls for Small Wood-Fired Boilers,” prepared for the United States Forest Service, Western Forestry Leadership Coalition by RSG Inc., May 6, 2010, available at http://www.biomasscenter.org/images/stories/FSE_PM_Emissions.pdf, as specified in Appendix B.

(l) The provisions of Puc 2505.11 shall apply to biomass facilities.

(m) A thermal biomass boiler shall only be eligible to be issued RECs when burning eligible biomass fuels. The source shall keep records to verify the thermal output resulting from combustion of eligible biomass fuels.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.05 Certification of Incremental New Production

(a) A generation facility that uses biomass, methane, or hydroelectric technologies to produce energy shall be eligible to participate as a Class I source upon certification by the commission under this rule.

(b) The commission shall certify a biomass, methane, or hydroelectric generation facility as an eligible Class I source under this rule when the applicant demonstrates completion of capital investments attributable to efficiency improvements, additions of capacity, or increased renewable energy output that are sufficient, were intended, and can be demonstrated to increase annual renewable electricity output.

(c) The commission shall limit the certification of an applicant under this rule to the amount of incremental new production directly attributable to the new capital investments that formed the basis of the application.

(d) A Class III source eligible as a Class I source may notify the commission that it elects to be a Class III source instead of Class I Source. Once such notice is given, the commission shall notify the GIS administrator that the production from that source shall qualify for Class III certificates beginning with the immediately following quarter, provided the source meets the other requirements of a Class III eligible biomass technology.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.06 Certification of Repowered Class III or IV Sources

(a) A Class III or Class IV source shall be eligible to participate as a Class I source upon certification by the commission under this rule.

(b) The commission shall certify a Class III or Class IV source as a Class I source under this rule when the source has demonstrated that:

(1) It has made new capital investments for the purpose of restoring unusable generation capacity or adding to existing capacity, in light of the department’s environmental permitting requirements or otherwise; and

(2) Eighty percent of the applicant’s tax basis in the resulting plant and equipment of the eligible generation capacity, including department permitting requirements for new plants, but exclusive of any tax basis in real property and intangible assets, is derived from the new capital investments.

(c) Except as provided in Puc 2505.06(e), an applicant certified as eligible under this rule to participate as a Class I source shall be deemed no longer certified as a Class III or Class IV source.

(d) The entire energy output of an eligible repowered Class I source shall be eligible for certificates.

(e) A Class III source eligible as a Class I source may notify the commission that it elects to be a Class III source instead of Class I source. Once such notice is given, the commission shall notify the GIS administrator that the production from that source shall qualify for Class III certificates beginning with the immediately following quarter, provided the source meets the other requirements of a Class III eligible biomass technology.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.07 Certification of Formerly Nonrenewable Energy Electric Generation Facilities as Repowered Class I Sources

(a) An electric generation unit that is not qualified as a renewable energy source may become eligible to participate as a Class I source when it demonstrates that:

(1) It has made new capital investments for the purpose of repowering with eligible biomass technologies or methane gas and complies with the certification requirements of Puc 2505.04, if using biomass fuel; and

(2) Eighty percent of the applicant’s tax basis in the resulting generation unit, including department permitting requirements for new plants, but exclusive of any tax basis in real property and intangible assets, is derived from the new capital investments.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.08 Certification of Combined Heat and Power Facilities

(a) A combined heat and power facility which seeks certification as a Class I or Class III source shall provide the following information in addition to the application required in Puc 2505.02 and Puc 2505.04:

(1) Proof that the system meets the requirements of Puc 2505.02(c) if the applicant seeks to qualify the facility for its electric generation;

(2) Proof that the system meets the requirements of Puc 2505.02(d) if the applicant seeks to qualify the facility for the useful thermal energy produced;

(3) A description of the total system efficiency; and

(4) Certification that the meters measuring thermal energy output comply with Puc 2506.04.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.09 Certification of Biodiesel Production Facilities

(a) Eligibility determinations of facilities that produce biodiesel shall be conditional as required by RSA 362-F:4, I (m).

(b) In order to maintain eligibility established through approval of the application required under Puc 2505.02(f), a biodiesel producer shall submit an annual report each year, including the following:

(1) Evidence of certification of licenses for each commercial meter at the biodiesel production facility from the department of agriculture, markets, and food, division of weights and measures;

(2) Verification of testing and certification of each such commercial meter by a licensed service technician;

(3) Certification of compliance with all applicable federal, state, and local air emissions and water discharge standards, or a detailed description of all violations of or non-compliance with such standards;

(4) A list of all customers to whom or to which the producer has made direct sales of biodiesel during the year; and

(5) Certification by the producer that none of its direct-sale customers for which the producer is claiming certificates for biodiesel production is also claiming certificates for the customer’s biodiesel use through the thermal REC program.

(c) The producer shall file the annual report required under (b) above on or before January 31 of each year following the year covered by the report.

(d) A biodiesel producer shall notify the commission of any violation of or non-compliance with any applicable federal, state, or local emissions or water discharge standards within 30 days of notification of such violation or non-compliance from the regulating agency or authority.

(e) A biodiesel producer shall notify the commission of any material change in facts represented in its application or in any annual report or prior notification submitted to the commission within 30 days following the occurrence of such change.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.10 Independent Monitors

(a) An independent monitor shall verify the electricity production of a customer-sited source, the production of useful thermal energy from an eligible source, or the production of biodiesel from a certified facility, and report such production and REC calculation to the GIS. A source producing useful thermal energy or a source producing biodiesel shall retain the services of an independent monitor directly.

(b) A distribution utility shall be eligible to serve as an independent monitor for customer-sited sources and sources producing useful thermal energy within its service territory, without submitting an application for qualification pursuant to (f) below, provided that the distribution utility employs one or more persons to perform monitoring tasks who meet the qualifications specified in paragraph (c) or (d) or are approved meter readers.

(c) Except as provided in (b) above, an independent monitor who verifies electrical production shall be one of the following:

(1) An electrician licensed by the state of New Hampshire and in good standing;

(2) A professional engineer licensed by the state of New Hampshire and in good standing;

(3) A certified building analyst professional as certified by the Building Performance Institute, Inc. of Malta, New York;

(4) A certified energy manager as certified by the Association of Energy Engineers;

(5) A home energy rater as certified by Residential Energy Services Network (RESNET); or

(6) An independent monitor certified under a renewable portfolio standard program in another state.

(d) Except as provided in (b) above, an independent monitor who verifies useful thermal energy production shall be one of the following:

(1) A professional engineer licensed by the state of New Hampshire and in good standing;

(2) A certified building analyst professional as certified by the Building Performance Institute, Inc. of Malta, New York;

(3) A certified energy manager as certified by the Association of Energy Engineers;

(4) A home energy rater as certified by Residential Energy Services Network (RESNET);

(5) An independent monitor certified under a renewable portfolio standard program in another state for monitoring useful thermal energy;

(6) For verifying useful thermal energy from solar thermal sources, a North American Board of Certified Energy Practitioners (NABCEP) Certified Solar Heating Installer; or

(7) For verifying useful thermal energy from geothermal sources, an International Ground Source Heat Pump Association (IGSHPA) Accredited Geothermal Installer.

(e) An independent monitor who verifies biodiesel production shall be one of the following :

(1) A certified public accountant licensed by the state of New Hampshire and in good standing;

(2) A professional engineer licensed by the state of New Hampshire and in good standing;

(3) A certified energy manager as certified by the Association of Energy Engineers; or

(4) An independent monitor certified under the federal Renewable Fuel Standard (RFS) Quality Assurance Program (QAP) for monitoring biodiesel production.

(f) To qualify as an independent monitor, an applicant shall provide the commission with the following information:

(1) The name of the applicant;

(2) The business address of the applicant;

(3) A copy of the license issued by the state of New Hampshire or such other qualifying certification as may be applicable; and

(4) A description of how the applicant will be compensated for its services.

(g) The commission shall certify as an independent monitor an applicant meeting the requirements of paragraph (c), (d), or (e) above, and shall maintain a list of certified independent monitors on its web site.

(h) No source or facility shall use an independent monitor who is a member of the immediate family of the owner of the source or facility, holds a direct or indirect ownership interest in the source or facility, is an employee of the source or facility, or is an aggregator of certificates.

(i) The duties of an independent monitor certifying electric or useful thermal energy production shall be:

(1) Except as provided in (j) below, to perform an initial inspection of the source’s meters for accuracy and capability to measure the electricity or useful thermal energy produced, unless the meter is owned by a distribution utility that has already inspected it pursuant to Puc 305;

(2) To measure and verify quarterly the source’s electricity or useful thermal energy production used to qualify for certificates pursuant to the GIS operating rules; and

(3) To report the production of electricity or useful thermal energy from the source and the REC calculation to the customer and to the GIS quarterly in accordance with the GIS operating rules.

(j) The independent monitor shall not be required to perform an initial inspection of the meters installed at a customer-sited source if such meters are installed in conjunction with the electric system in such a manner as to provide verifiable, location-specific electricity production data to the independent monitor through electronic transmission or interface.

(k) The duties of an independent monitor for certifying the production of biodiesel shall be:

(1) To verify the biodiesel production, sales, and certification information submitted to the independent monitor under Puc 2506.08;

(2) To calculate REC production using the methodology described in Puc 2506.09 and report the biodiesel producer’s production of RECs to GIS on a quarterly basis; and

(3) To audit the biodiesel producer’s or biodiesel distributor’s records when directed by the commission to verify submitted biodiesel production or sales information.

(l) An independent monitor shall not receive compensation for monitoring services that is a function of the number of certificates issued to any source or facility using the independent monitor.

(m) An independent monitor shall provide the commission with notice prior to discontinuing services as an independent monitor.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18 (from Puc 2405.09)

N.H. Code Admin. R. Ann. Puc 2505.11 Suspension of Eligibility to Produce Certificates for Biomass Facilities

(a) The commission shall suspend the certification of a facility that uses biomass fuels for one or more calendar quarters when the department informs the commission that one of the following events has occurred:

(1) The facility has failed to verify that it complies with the requirements of RSA 362-F:4, I(f), (k) and (l) relative to NOx emissions or an alternative plan to reduce NOx emissions, and RSA 362-F:12, I relative to NOx emissions monitoring;

(2) The facility has failed to comply with the requirements of RSA 362-F:4, I(f), (k), and (l) relative to particulate emissions or an alternative plan to reduce particulate emissions and RSA 362-F:12, II relative to stack testing;

(3) The facility has failed to comply with the requirements of RSA 362-F:4, I(l) relative to best management practices;

(4) The facility has failed to comply with the requirement in RSA 362-F:12, III to provide a quarterly or annual filing to the commission and department relative to emissions monitoring and stack testing and an alternative emissions reduction plan, if applicable; or

(5) The facility fails to meet any of the applicable requirements in Puc 2505.04.

(b) The suspension of certification pursuant to (a) above shall be for so long as the facility has not verified that it complies with the emission requirements, including best management practices.

(c) A facility suspended pursuant to (a) above shall have its suspension lifted upon demonstration to the commission of certification by the department that it meets the emission requirements and is operating in accordance with best management practices.

(d) Upon demonstration pursuant to (c) above, the facility shall be certified to be issued certificates as of the next calendar quarter.

(e) Prior to any suspension under this section, the facility shall have an opportunity for hearing as described in Puc 2505.15.

History

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2505.12); ss by #12473, eff 2-1-18 (from Puc 2505.10)

N.H. Code Admin. R. Ann. Puc 2505.12 Suspension of Eligibility to Produce Certificates for Biodiesel Production Facilities

(a) The commission shall suspend the eligibility of a biodiesel production facility for one or more calendar quarters if any of the following has occurred:

(1) Failure of the biodiesel producer to notify the commission of any applicable federal, state, or local air emissions or water discharge standards violations or non-compliance within 30 days as required under Puc 2505.09(d);

(2) Misrepresentation of biodiesel production or sales information in reports submitted by the biodiesel producer;

(3) Misrepresentation of biodiesel sales to New Hampshire end users in summary distributor reports submitted to the independent monitor;

(4) Failure to submit an annual report or notification of material change to the commission when required;

(5) Failure of the biodiesel producer to comply with any applicable federal, state, or local air emissions or water discharge standards; or

(6) Other misrepresentation by the biodiesel producer in any application or report submitted to the commission.

(b) The commission shall suspend the eligibility of a biodiesel producer pursuant to (a) above through the following process:

(1) Commission staff shall review the failure or misrepresentation and propose suspension terms and conditions to the biodiesel producer;

(2) If the biodiesel producer agrees with the proposed suspension terms and conditions, then a stipulation of suspension shall be prepared and filed with the commission, and the suspension shall be effective as of and for the number of calendar quarters specified in the stipulation; and

(3) If the biodiesel producer does not agree with the proposed suspension terms and conditions, then the producer shall have the opportunity for an adjudicative proceeding with a hearing before the commission, pursuant to Puc 2505.15.

(c) The period of any suspension under (a) above shall be determined with the objective of deterring future failures or misrepresentations of the type specified in (a)(1) through (a)(6) above, based on consideration of the following factors:

(1) The severity of the failure or misrepresentation;

(2) Whether the failure or misrepresentation was unintentional or immaterial;

(3) Whether the biodiesel producer acted in good faith to comply with all applicable statutory and regulatory requirements;

(4) Facts, actions, or conditions, if any, that might excuse or justify a particular failure or misrepresentation; and

(5) Other relevant information pertaining to the business practices of the biodiesel producer.

(d) All REC eligibility suspensions under this section shall be prospective only and, once created, no certificate shall be disqualified or removed from the GIS system.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2505.13); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.13 Suspension of Eligibility to Produce Certificates

(a) The commission shall suspend the eligibility of a renewable energy source for one or more calendar quarters if any of the following has occurred:

(1) Misrepresentation of information or a false statement in any application or report submitted by the source to the commission;

(2) Misrepresentation of information or false statement in any report or submission to the independent monitor for a customer-sited source; or

(3) Failure to submit a notification of material change to the commission when required.

(b) The commission shall suspend the eligibility of a renewable energy source pursuant to (a) above through the following process:

(1) Commission staff shall review the misrepresentation, false statement, or failure and propose suspension terms and conditions to the source;

(2) If the source agrees with the proposed suspension terms and conditions, then a stipulation of suspension shall be prepared and filed with the commission, and the suspension shall be effective as of and for the number of calendar quarters specified in the stipulation; and

(3) If the source does not agree with the proposed suspension terms and conditions, then the source shall have the opportunity for an adjudicative proceeding with a hearing before the commission, pursuant to Puc 2505.15.

(c) The period of any suspension under (a) above shall be determined with the objective of deterring future misrepresentations or failures of the type specified in (a)(1) through (a)(3) above, based on consideration of the following factors:

(1) The severity of the misrepresentation or failure;

(2) Whether the misrepresentation or failure was unintentional or immaterial;

(3) Whether the renewable energy source owner acted in good faith to comply with all applicable statutory and regulatory requirements;

(4) Facts, actions, or conditions, if any, that might excuse or justify a particular misrepresentation or failure; and

(5) Other relevant information pertaining to the business practices of the source owner.

(d) All REC eligibility suspensions under this section shall be prospective only and, once created, no certificate shall be disqualified or removed from the GIS system.

History

#12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2505.14 Notification of Change

(a) A renewable energy source certified under this part shall notify the commission in writing and within 10 days whenever there is a change in ownership, primary fuel, or any other information contained in its application for certification.

(b) The commission shall revoke the certification of a renewable energy source when it determines upon investigation that any changed circumstances have rendered that source ineligible under RSA 362-F and this chapter.

(c) The commission shall modify the certification of a renewable energy source when it determines upon investigation that any changed circumstances affecting the source require such modification to reflect the effect of such changed circumstances.

(d) All REC eligibility revocations or modifications under this section shall be prospective only and, once created, no certificate shall be disqualified or removed from the GIS system.

History

#12473, eff 2-1-18 (formerly Puc 2505.11)

N.H. Code Admin. R. Ann. Puc 2505.15 Adjudicative Proceedings; Rehearing Requests

(a) Prior to suspending eligibility under Puc 2505.12 or Puc 2505.13, or revoking or modifying a certification under Puc 2505.14(b), the commission shall provide the certificate holder with notice and an opportunity for an adjudicative proceeding pursuant to RSA 541-A:30 and Puc 203. The certificate holder shall request a hearing within 30 days of receiving such notice, or its right to a hearing shall be waived.

(b) For all others directly affected by a decision under this part, including, but not limited to, an applicant whose eligibility certification is denied, a motion for rehearing pursuant to RSA 541:3 shall be filed within 30 days of the decision with which the party is aggrieved, in conformance with the provisions of Puc 203.02, Puc 203.04, and Puc 203.07.

History

#12473, eff 2-1-18 (formerly Puc 2505.12)

Part Puc 2506 METERING, Verification, and Reporting

N.H. Code Admin. R. Ann. Puc 2506.01 Metering of All Renewable Energy Sources

(a) Electricity generation in megawatt-hours, useful thermal energy expressed in megawatt-hours, and biodiesel production expressed in megawatt-hours shall be measured and verified in accordance with ISO-NE and GIS operating rules and this part.

(b) For each submission to GIS, the owner of a renewable energy source, the independent monitor, or the designated representative shall state in writing that the data is accurate.

(c) Each renewable energy source shall maintain all metering equipment in accordance with the manufacturer’s specifications and recommendations.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.02 Metering of Customer-Sited Sources

(a) A customer-sited source shall use a revenue quality meter or other meter tested and certified by the manufacturer to meet ANSI C-12 standards to measure the electricity generated.

(b) A customer-sited source shall certify to the independent monitor that the meter operates to the manufacturer’s standards.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2505.10); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.03 Metering of Co-Fired Electric Generating Sources

(a) A co-fired source shall measure and verify electricity generation in accordance with the GIS operating rules effective October 1, 2017 and available at http://www.nepoolgis.com/wp-content/uploads/sites/3/2017/09/GIS-Operating-Rules-Effective-10-1-17.pdf?x41232, as specified in Appendix B, and shall use electric meters that satisfy the requirements of Puc 900.

(b) For co-fired sources, the source shall calculate the portion of electricity generated from the combustion of Class I biomass fuels quarterly based on the heat input of the facility by measuring the energy content of each combusted fuel using the low heat value as combusted, the mass or volumetric input flow of each of the fuels combusted, and the total electricity produced.

(c) For any Class I biomass fuel, the initial energy content shall be based on the average of a minimum of 5 samples of that fuel taken over the course of the initial quarter, or on the fuel supply contract for that fuel delivered in the initial quarter.

(d) If all the values for the energy content from the samples are within 5 percent of the average value of the samples, on a dry basis, then beginning with the subsequent quarter, the co-fired source may use a value for energy content from annual sampling of the Class I biomass fuel.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.04 Metering of Sources that Produce Useful Thermal Energy

(a) Sources producing useful thermal energy shall comply with this part in metering production of useful thermal energy.

(b) Sources shall retain an independent monitor to verify the useful thermal energy produced.

(c) Sources shall take data readings for the measurement of useful thermal energy at least every hour. The useful thermal energy produced shall be totaled for each 24 hour period, each monthly period, and each quarter.

(d) Sources shall install heat meters to measure thermal energy output in accordance with the manufacturer’s specifications and as specified in this part. The heat meters shall operate within the conditions for which the meter accuracies are guaranteed.

(e) Large thermal sources using a liquid or air based system shall measure the useful thermal energy produced using one of the following methods:

(1) Installation and use of heat meters with an accuracy that complies with European Standard BS EN 1434-1 (2015 edition) published by CEN, the European Committee for Standardization, available as specified in Appendix B, and that complies with paragraph (k), (l) or (m). The heat meter shall have the highest class flow meter that will cover the design flow range at the point of measurement and a temperature sensor pair of Class 5K or lower. Compliance shall be confirmed by a professional engineer licensed by the state of New Hampshire and in good standing;

(2) Installation and use of meters that do not comply with subparagraph (e)(1), provided that the manufacturers’ guaranteed accuracy of the meters is ±5.0% or better, and provided that a professional engineer licensed by the state of New Hampshire and in good standing confirms that the meters were installed and operate according to the manufacturers’ specifications and in accordance with paragraph (k), (l) or (m); or

(3) Use of an alternative metering method approved pursuant to Puc 2506.06, provided that the accuracy of any such method is ±5.0% or better, and provided that a professional engineer licensed by the state of New Hampshire and in good standing confirms that the source implemented the alternative method as approved by the commission and certifies that the alternative method achieves the stated accuracy of ±5.0% or better.

(f) Large thermal sources using a steam-based system shall measure the useful thermal energy produced using one of the following methods:

(1) Installation and use of meters with accuracy of ±3.0% or better, which compliance shall be confirmed by a professional engineer licensed by the state of New Hampshire and in good standing and in accordance with (m) below;

(2) Installation and use of meters that do not comply with the accuracy of subparagraph (f)(1), provided that the manufacturer’s guaranteed accuracy of the meters is ±5.0% or better, and provided that a professional engineer licensed by the state of New Hampshire and in good standing confirms that the meters were installed and operate according to the manufacturer’s specifications and in accordance with (m) below; or

(3) Use of an alternative metering method approved pursuant to this section, provided that the accuracy of any such method is ±5.0% or better, and provided that a professional engineer licensed by the state of New Hampshire and in good standing confirms that the source implemented the alternative method and confirms that the alternative method achieves the stated accuracy of ±5.0% or better.

(g) Small thermal sources shall measure useful thermal energy produced using one of the following methods:

(1) For any small thermal sources, the methods described in (e) or (f) above;

(2) For small thermal sources using solar thermal technologies, the method described in (h) below;

(3) For small thermal sources using geothermal technologies, the method described in (i) below; or

(4) For small thermal sources using thermal biomass technologies, the method described in (j) below.

(h) Small thermal sources that elect pursuant to (g)(2) above to measure useful thermal energy pursuant to this paragraph shall calculate useful thermal energy produced by small thermal sources using solar technologies as follows:

(1) “Q” means thermal energy generated, stated in Btus;

(2) “R” means the Solar Rating and Certification Corporation (SRCC) OG100 rating on Medium Radiation (1500 Btu/ft2.day) C (36º F) Conditions, stated in thousands of Btus per day;

(3) “L” means the orientation and shading losses calculated based on solar models such as Solar Pathfinder, T-sol, Solmetric, or another functionally equivalent solar model, converted from a percentage to the equivalent number less than one;

(4) “t” means the total operating run time of the circulating pump as metered, stated in hours;

(5) “h” means 11 hours per day to convert the SRCC OG100 rating to an hourly basis, the conversion factor; and

(6) To calculate Q, the useful thermal energy produced by small thermal sources using solar technologies, the source shall compute the product of R, t, 1,000 and the result of 1 minus L, and divide the result by h, as in the formula below:

Q = [R * t * 1,000 * (1 – L)] / h

(i) Small thermal sources that elect pursuant to (g)(3) above to measure useful thermal energy pursuant to this paragraph shall calculate useful thermal energy produced by small thermal sources using geothermal technologies as follows:

(1) “Q” means thermal energy generated, stated in Btus;

(2) “HC” means the Air Conditioning, Heating and Refrigeration Institute (AHRI) certified heating capacity at part load, stated in Btus per hour;

(3) “COP” means the AHRI Certified Coefficient of Performance;

(4) “t” means total operating run time of the heat pump when operating in heating mode, stated in hours; and

(5) Small thermal sources using geothermal technologies shall calculate Q, the useful thermal energy produced for each heat pump, by multiplying heat pump HC by the difference between heat pump COP and 1, multiplying the result by t, and dividing the result by COP, as in the formula below:

Q = [HC * (COP – 1) * t] / COP

(j) Small thermal sources that elect pursuant to (g)(4) above to measure useful thermal energy pursuant to this paragraph shall calculate useful thermal energy produced by small thermal sources using thermal biomass renewable energy technologies as follows:

(1) “Q” means the thermal energy generated, stated in Btus;

(2) “D” means the default pellet density, which shall be 0.0231 pounds per cubic inch;

(3) “R” means the auger revolutions per hour;

(4) “V” means auger feed volume, stated in cubic inches per auger revolution;

(5) Small thermal sources shall assume that V equals one of the following:

a. 5 cubic inches per revolution for augers with a 2-inch inside diameter;

b. 20 cubic inches per revolution for augers with a 3-inch inside diameter;

c. 50 cubic inches per revolution for augers with a 4-inch inside diameter;

d. 95 cubic inches per revolution for augers with a 5-inch inside diameter; or

e. 150 cubic inches per revolution for augers with a 6-inch inside diameter;

(6) “EC” means the default energy content of pellet fuel, which shall be 7870 Btu per pound;

(7) “ASE” means the default thermal efficiency expressed as a percentage based on the manufacturer’s warranty of average seasonal thermal efficiency, or based on a default thermal efficiency of 65%;

(8) “t” means the total auger run time in hours as metered;

(9) The estimated amount of fuel burned, that is, the product of D, R, V and t, shall be verified by the fuel purchase records and fuel inventory; and

(10) Small thermal sources using thermal biomass renewable energy technologies with wood pellets as the fuel source may calculate Q, the useful thermal energy produced, by computing the product of D, R, V, EC, ASE and t, as in the formula below:

Q = (D * R * V * EC * ASE * t)

(k) Large thermal sources, and small thermal sources that elect pursuant to (g)(1) above, using solar thermal technologies shall calculate useful thermal energy as follows:

(1) “Qg” means the heat generated in the collector loop, stated in Btus;

(2) “dm/dt” means the mass flow of the collector working fluid measured near the inlet to the solar storage tank, stated in pounds per hour;

(3) “cp” means the specific heat of the collector fluid, stated in Btus per pound of mass, degrees Fahrenheit (Btu/lbm-°F);

(4) “Ti” means the collector loop inlet temperature measured near the outlet of the solar storage tank, stated in degrees Fahrenheit;

(5) “To” means the collector loop outlet temperature measured near the inlet to the solar storage tank, stated in degrees Fahrenheit;

(6) “t” means the frequency at which data readings are recorded, stated in hours;

(7) Meter sensors shall be installed on the collector loop as close to the water storage tank as practical and in accordance with the meter manufacturer’s guidance; and

(8) Thermal sources using solar thermal technologies shall calculate Q, the useful thermal energy produced, by calculating the product of dm/dt, cp, the difference between To and Ti, and t, as stated in the formula below:

Qg = (dm/dt)*cp *(To –Ti) * t

(l) Large thermal sources, and small thermal sources that elect pursuant to (g)(1) above, using geothermal technologies shall calculate useful thermal energy as follows:

(1) “Qg” means heat generated in the ground loop, stated in Btus;

(2) “dm/dt” means mass flow measured near the outlet of the ground loop, stated in pounds per hour;

(3) “cp” means specific heat of the working fluid, stated in Btu/lbm-°F;

(4) “t” means the frequency at which data readings are recorded, stated in hours;

(5) “Ti” means ground loop inlet temperature measured at the inlet to the ground loop, stated in degrees Fahrenheit;

(6) “To” means ground loop outlet temperature measured at the outlet from the ground loop, stated in degrees Fahrenheit;

(7) Bleed points, supplemental boilers, and cooling towers shall be excluded from the calculation;

(8) Meter sensors shall be installed on the ground loop as close to the ground loop inlet and outlet as practical and in accordance with the manufacturer’s recommendation; and

(9) Thermal sources using geothermal technologies shall calculate Q, the useful thermal energy produced, by calculating the product of dm/dt, cp, the difference between To and Ti, and t, as stated in the formula below:

Qg = (dm/dt) * cp * (To –Ti) * t

(m) Large thermal sources, and small thermal sources that elect pursuant to (g)(1) above, using thermal biomass renewable energy technologies shall calculate useful thermal energy as follows:

(1) “Qg” means the thermal energy generated from biomass, stated in Btu;

(2) “dmout/dt” means mass flow metered upstream of distribution and downstream of parasitic loads, stated in pounds per hour;

(3) “hout” means the specific enthalpy at the metering point determined by temperature data and, for superheated steam, by pressure data, stated in Btus per pound;

(4) “dmin/dt” means mass flow of water into the feedwater or condensate pumps, stated in pounds per hour;

(5) “hin” means the specific enthalpy at the metering point which will be a function of the enthalpy of incoming condensate and make-up water prior to the first condensate or feedwater pumps, stated in Btus per pound;

(6) “t” means the intervals at which readings are recorded, stated in hours;

(7) All metering systems shall measure boiler feedwater flow, pressure, and temperature as close to the first feedwater pump inlet as possible, thereby excluding the deaerator;

(8) Metering for systems that produce hot water shall include sensors for temperature and hot water mass flow placed as close as possible to the boiler hot water distribution header inlet;

(9) Metering for systems that produce steam shall include sensors for temperature, pressure, and steam flow placed as close as possible to the steam distribution header inlet and thereby prior to distribution to process loads;

(10) For saturated steam systems, pressure and temperature shall be measured to verify the absence of superheat at the measurement point;

(11) For superheated systems, both pressure and temperature measurements shall be required;

(12) Regardless of phase, the enthalpy under the measured conditions shall either be calculated using the formulas in The International Association for the Properties of Water and Steam (IAPWS) Revised Release on the IAPWS Industrial Formulation 1997 for the Thermodynamic Properties of Water and Steam, August 2007 revision, http://www.iapws.org/relguide/IF97-Rev.pdf, as specified in Appendix B, or taken from IAPWS or derivative steam tables; and

(13) Thermal sources using thermal biomass renewable energy technologies shall calculate Q, the useful thermal energy produced, by calculating the product of dmout/dt, (hout), and t, and subtract from that number the product of dmin/dt, hin and t, as stated in the formula below:

Qg = [dmout/dt *(hout) * t]-[dmin/dt *(hin) * t]

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.05 Calculation of Certificates for Production of Useful Thermal Energy

(a) Sources producing useful thermal energy, the independent monitor, or the designated representative shall report to GIS the useful thermal energy produced and the amount of RECs calculated pursuant to this part, as verified by the source’s independent monitor.

(b) Useful thermal energy shall be expressed and reported in megawatt-hours where each 3,412,000 Btus of useful thermal energy is equivalent to one megawatt-hour.

(c) Small thermal sources shall receive certificates based on the useful thermal energy produced as metered pursuant to Puc 2506.04(e) or (f) and discounted, as applicable, by the discount for meter accuracy pursuant to (e) below or as calculated pursuant to Puc 2506.04(h), (i), or (j).

(d) Large thermal sources shall receive certificates based on the useful thermal energy calculated pursuant to Puc 2506.04(e) or (f), discounted by the sum of the percentage discount for meter accuracy pursuant to (e) below and the percentage discount for operating energy or parasitic load and thermal storage losses pursuant to (f) below.

(e) The discount factor for meter accuracy referenced in (c) and (d) above shall be one of the following:

(1) If the meters used to measure useful thermal energy output comply with the accuracy of the European Standard EN 1434 as provided in Puc 2506.04(e)(1) or the accuracy pursuant to Puc 2506.04(f)(1), there shall be no meter accuracy discount; or

(2) If the meters used to measure useful thermal energy output do not comply with the accuracy of the European Standard EN 1434 as provided in Puc 2506.04(e)(1) or the accuracy pursuant to Puc 2506.04(f)(1), the applicable meter discount shall be the manufacturer’s guaranteed accuracy of the meters used or the accuracy of the alternative method approved pursuant to Puc 2506.06.

(f) The discount factor for large thermal sources for operating energy or parasitic load and thermal energy losses referenced in paragraph (d) shall be one of the following:

(1) For sources using solar thermal technology, the discount factor shall be 3.0% of the useful thermal energy produced as measured pursuant to Puc 2506.04;

(2) For sources using geothermal technology, the discount factor shall be 3.6% of the useful thermal energy produced as measured pursuant to Puc 2506.04; or

(3) For sources using thermal biomass renewable energy technology, the discount factor shall be 2.0% of the useful thermal energy produced as measured pursuant to Puc 2506.04.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.06 Request for Alternative Method for Measuring Thermal Energy

(a) A source shall not use an alternative metering method until that alternative method is approved by the commission.

(b) A source seeking approval of an alternative method shall provide the commission the following information:

(1) The name, mailing address, daytime telephone number, and e-mail address of the person requesting approval for the alternative method;

(2) The name and location of the source at which the alternative method will be implemented;

(3) A description of the metering method otherwise required by these rules and the reasons it cannot be used with the applicant’s facility;

(4) A description of the proposed alternative method;

(5) Technical data and information demonstrating that the accuracy of the proposed alternative method will be functionally equivalent to that achieved by the method otherwise required by these rules, such data and information may include third party data such as product test results from independent test laboratories, performance data based on nationally recognized product test/certification programs, published resource data for use in calculations, and examples of the use of the method by other organizations for similar purposes; and

(6) A statement from a professional engineer licensed by the state of New Hampshire and in good standing of the meter accuracy rate that will be achieved by the alternative metering method and that the proposed alternative method is technologically sound.

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.07 Metering of Biodiesel Production

(a) A biodiesel producer shall install commercial meters to measure the production and sales volumes of biodiesel produced at its facility.

(b) The biodiesel producer shall maintain the commercial volume meters with current licenses and certifications from the department of agriculture, markets, and food, division of weights and measures, and shall:

(1) Pursuant to Puc 2505.09(b), certify that the installed commercial volume meters have been licensed and are subject to current certifications from technicians licensed by the department of agriculture, markets, and food; and

(2) Renew annually the licenses for the commercial volume meters through the department of agriculture, markets, and food, division of weights and measures.

History

#12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.08 Verification and Reporting for Biodiesel Production

(a) In order to obtain certificates, a biodiesel producer shall submit to its independent monitor on a quarterly basis a producer report, including the following documents and information:

(1) The monthly biodiesel facility production and sales volumes with detailed supporting documentation as specified below:

a. A completed department of safety, road toll bureau, Form MFD 1-S/AF, “Motor Fuel & Aviation Fuel Distributor Report,” or a Form BDF 1, “Biodiesel Fuel Distributor Report,” in either case as is required under RSA 260:38 and Saf-C 300 to be filed with the department of safety for each monthly reporting period, including schedules and inventory report attachments that provide a record of facility production and sales by customer and fuel type; or

b. Documentation providing a record for each quarterly period of the following information:

i. Monthly production and inventory records documenting the volumes of biodiesel that were produced and sold at the facility; and

ii. Monthly sales records documenting when sales of biodiesel from the production facility occurred, the customers purchasing such biodiesel, and the volumes of biodiesel sold to such customers;

(2) A summary of the producer’s direct sales by month, including identification of direct-sale customers, volumes sold to such direct-sale customers, the date of such sales, and, for any large biodiesel end users, the efficiency ratings of the end users’ thermal energy systems; and

(3) Identification of any large biodiesel end users purchasing biodiesel directly from the producer who or which are participating in the thermal REC program through combustion of the producer’s biodiesel to produce useful thermal energy, and the volumes of biodiesel sold to such end users, or certification that no such direct-sale large biodiesel end users are so participating in the thermal REC program.

(b) In order to obtain certificates, a biodiesel producer also shall arrange for its distributors to submit directly to the independent monitor on a quarterly basis a distributor sales summary report, including the following documentation and information:

(1) A summary of the distributor’s sales volume by month of biodiesel produced by the producer and sold by the distributor to New Hampshire thermal end users, including volume calculations taking into account product blend levels; and

(2) An agreement of the distributor that its retail sales summary reports may be audited by the independent monitor as directed by the commission.

History

#12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2506.09 Calculation of Certificates for Production of Biodiesel

(a) When calculating the certificates to be issued to a biodiesel producer, the independent monitor shall use the following assumptions and calculations to determine an end-user efficiency rating (ER):

(1) An ER of 81% shall be used to calculate energy production from all biodiesel sales volumes, with the exception of direct sales by the producer to large biodiesel end users; and

(2) The actual thermal efficiency rating (ET) of the end user’s system shall be used for all volumes of biodiesel sold by the producer directly to any large biodiesel end user, as provided by the producer to the independent monitor.

(b) The independent monitor shall use the following method to calculate the quantity of certificates for which a biodiesel producer is eligible:

(1) ER shall be as specified in (a) above;

(2) “Total verified sales (TVS)” means the total volume in gallons of sales to New Hampshire thermal end users that is verified through supporting records and documentation submitted to the independent monitor, excluding volumes sold directly to any large biodiesel end user participating in the thermal REC program;

(3) Thermal energy production (TEP) shall be calculated as:

TEP = Btu/gallon x TVS x ER,

where one gallon of biodiesel contains 127,000 Btus, per the U.S. Department of Energy Biodiesel Handling and Use Guide, Fifth Edition, November 2016, available at http://biodiesel.org/docs/using-hotline/nrel-handling-and-use.pdf?sfvrsn=4, as specified in Appendix B; and

(4) RECs shall be calculated pursuant to the following formula: TEP x MWh/Btu = Total MWh of electricity equivalent, where 3,412,000 Btus is equivalent to one MWh.

History

#12473, eff 2-1-18

Part Puc 2507 Aggregation of Certificates

N.H. Code Admin. R. Ann. Puc 2507.01 Registration

(a) A person not otherwise qualified to obtain certificates may purchase, combine, and re-sell certificates if such person registers as an aggregator pursuant to this section.

(b) To register as an aggregator, an applicant shall provide the following information:

(1) The name of the aggregator;

(2) The address and telephone number of the aggregator;

(3) Identification of the independent monitor or monitors responsible for verifying the production of energy from the applicable sources or facilities; and

(4) Certification that there exists no prohibited relationship, as defined in Puc 2507.02(b), between the aggregator and any such independent monitor or monitors.

(1) The associated energy produced uses the same energy resource and technology, as described in Puc 2502.07, Puc 2502.08, Puc 2502.09 and Puc 2502.10;

(2) The energy associated with the certificates was produced in the same year; and

(3) Each source to be aggregated has a unique GIS number.

(d) An aggregator shall provide the commission with at least 30 days’ notice before discontinuing the provision of aggregation services.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2506.01); #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2507.02 Prohibited Relationships

(a) An aggregator shall not aggregate certificates from a customer-sited source, a source producing useful thermal energy, or a facility producing biodiesel, if the aggregator has a prohibited relationship to an independent monitor for such source or facility.

(b) For purposes of this part, “prohibited relationship” means:

(1) A direct or indirect ownership interest comprising at least ten percent of the stock or other equity of an entity;

(2) Common direct or indirect ownership of at least ten percent;

(3) Membership in the same household or immediate family; or

(4) Service as an officer, director, partner, employee, agent, or fiduciary.

(c) If a prohibited relationship pursuant to (b) exists between an independent monitor and any member of an aggregator’s household or immediate family, then the aggregator shall also be deemed to have such a prohibited relationship pursuant to this section.

History

#9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from Puc 2506.02); #12473, eff 2-1-18

Part Puc 2508 Renewable Energy Fund

N.H. Code Admin. R. Ann. Puc 2508.01 Source of Fund

All alternative compliance payments deposited pursuant to Puc 2503.02 with the state treasurer shall be held in a nonlapsing account to be known as the renewable energy fund. The commission shall account separately for alternative compliance payments received in connection with Class II portfolio standards.

History

#10741, eff 12-5-14 (from Puc 2507.01); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2508.02 Renewable Energy Initiatives

(a) The commission shall periodically issue a request for proposals for initiatives to be supported by the renewable energy fund. All such initiatives shall be located in New Hampshire.

(b) In determining whether and to what extent it will dedicate money from the renewable energy fund to proposals submitted pursuant to (a) above, the commission shall consider the extent to which:

(1) The initiative expands the supply of renewable energy certificates for use to comply with the portfolio;

(2) The initiative is likely to be cost-effective;

(3) The initiative promotes market transformation, innovation, and energy cost savings;

(4) The initiative will reduce New Hampshire’s electrical peak load, or fossil fuel consumption as well as defer or eliminate local utility distribution plant expenditures;

(5) The initiative is likely to result in economic development and environmental benefits for New Hampshire;

(6) The initiative increases fuel diversity in the production of electricity or useful thermal energy for consumption in New Hampshire; and

(7) The applicant has the capacity to successfully complete the initiative.

(1) Substantially consistent with the factors set forth in (b) above;

(2) Realistically proposed and achievable by the applicant; and

(3) Most likely, on balance, to advance the purposes of RSA 362-F, within the constraint of available funds.

(d) The commission shall allocate Class II alternative compliance payments into the renewable energy fund, on an annual basis, primarily to projects and initiatives that support eligible solar technologies.

(e) The commission shall allocate not less than 20 percent of Class I, II, III and IV alternative compliance payments received on an annual basis to customer-sited renewable energy projects or sources producing thermal energy of up to and including one megawatt in gross nameplate capacity, system design capacity, or the equivalent thermal output provided that such projects meet the requirements of Puc 2508.03.

(f) Pursuant to RSA 362-F:10, VIII, the commission on its own motion and after notice and hearing shall establish rebate programs for renewable energy projects of up to and including one megawatt in gross nameplate capacity, system design capacity, or equivalent thermal output, to be supported by the fund allocated pursuant to (e) above.

History

#10741, eff 12-5-14 (from Puc 2507.03); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2508.03 Customer-Sited or Thermal Energy Projects

(a) The provisions of this part shall apply to customer-sited sources or thermal energy sources producing up to and including one megawatt in gross nameplate capacity, system design capacity, or equivalent thermal output.

(b) Persons seeking rebate or incentive funds for customer-sited projects or thermal energy projects from the renewable energy fund shall apply according to this section.

(c) For residential applicants, the project shall be located in New Hampshire and the rebate or incentive payment shall be made as directed by RSA 362-F:10, V.

(d) For all other applicants, the project shall be located in New Hampshire, the end use customer or owner of the project shall be interconnected to a provider of electricity, and the rebate or incentive payment shall be made to the owner of the project.

(e) Applicants shall provide the following information:

(1) The name, address and telephone number of the applicant;

(2) The location of the proposed project;

(3) The owner of the project;

(4) The type of technology used in the proposed project; and

(5) The gross nameplate capacity or system design capacity of the proposed project.

(f) Applicants shall include a signed contract with a primary installer or vendor that provides customers with a turnkey service.

(g) The commission shall notify an applicant by letter if the application is accepted for funding from the renewable energy fund, including the amount, in dollars, that may be provided through the renewable energy fund.

(h) Prior to receiving any monies from the renewable energy fund, the applicant shall demonstrate that the project is installed and operating by providing the following:

(1) For projects generating useful thermal energy, a written statement from an appropriate local official that the project is installed and operating in conformance with applicable codes, including applicable safety, zoning and building codes, and has received any required inspections; or

(2) For projects generating electricity, a written statement from the distribution utility that the interconnection between the project and the distribution utility complies with the applicable interconnection, testing, and operational requirements, though not necessarily the net metering requirements, of Puc 900, “Net Metering for Customer-Owned Renewable Energy Generation Resources of 1,000 Kilowatts or Less,” or in the alternative, Puc 307.06.

(i) Upon demonstration that the project is installed and operating, the commission shall issue the rebate based on the approved application.

History

#10741, eff 12-5-14 (from Puc 2507.04); ss by #12473, eff 2-1-18

N.H. Code Admin. R. Ann. Puc 2508.04 Audit

A recipient of any monies disbursed from the renewable energy fund shall make its books, records, and facilities available to the commission for the purpose of allowing the commission to discharge its audit responsibilities pursuant to RSA 362-F:10, I.

APPENDIX A

Rule

Statute

Puc 2501.01

RSA 362-F:13

Puc 2501.02

RSA 362-F

Puc 2501.02(a)

RSA 362-F:13; RSA 362-F:3

Puc 2501.02(b)

RSA 362-F:13; RSA 362-F:6

Puc 2501.02(c)

RSA 362-F:13; RSA 362-F:10

Puc 2501.02(d)

RSA 362-F:13; RSA 362-F:6 and 7

Puc 2502.01

RSA 362-F:13; RSA 362-F:10

Puc 2502.02(a)

RSA 362-F:13; RSA 362-F:2, I; RSA 362-F:4, I(j)

Puc 2502.02(b)

RSA 362-F:13; RSA 362-F:2, I; RSA 362-F:4, I(j)

Puc 2502.03

RSA 362-F:13; RSA 362-F:4, I(m); RSA 362-A:1-a, I-b

Puc 2502.04

RSA 362-F:13; RSA 362-F:2, II

Puc 2502.05

RSA 362-F:13; RSA 362-F:4, I(i)

Puc 2502.06

RSA 362-F:13; RSA 362-F:2, III

Puc 2502.07

RSA 362-F:13; RSA 362-F:4, II

Puc 2502.07(a)

RSA 362-F:13; RSA 362-F:4, I(a), (c), (d), (e), and (f)

Puc 2502.07(b)

RSA 362-F:13; RSA 362-F:4, I(b), (g), and (l)

Puc 2502.07(c)

RSA 362-F:13; RSA 362-F:4, I(h)

Puc 2502.07(d)

RSA 362-F:13; RSA 362-F:4, I(i)

Puc 2502.07(e)

RSA 362-F:13; RSA 362-F:4, I(j)

Puc 2502.07(f)

RSA 362-F:13; RSA 362-F:4, I(k)

Puc 2502.07(g)

RSA 362-F:13; RSA 362-F:4, I(m)

Puc 2502.08

RSA 362-F:13; RSA 362-F:4, II

Puc 2502.09

RSA 362-F:13; RSA 362-F:4, III

Puc 2502.10

RSA 362-F:13; RSA 362-F:4, IV

Puc 2502.11

RSA 362-F:13; RSA 362-F:4, I(k)

Puc 2502.12

RSA 362-F:13; RSA 362-F:2, IV

Puc 2502.13

RSA 362-F:13; RSA 362-F:2, XII

Puc 2502.14

RSA 362-F:13; RSA 362-F:2, V

Puc 2502.15

RSA 362-F:13; RSA 362-F:2, VI

Puc 2502.16

RSA 362-F:13; RSA 362-F:2, VII

Puc 2502.17

RSA 362-F:13

Puc 2502.18

RSA 362-F:13; RSA 362-F:2, VIII

Puc 2502.19

RSA 362-F:13; RSA 362-F:2, IX

Puc 2502.20

RSA 362-F:13

Puc 2502.21

RSA 362-F:13; RSA 362-F:6, I

Puc 2502.22

RSA 362-F:13; RSA 362-F:2, X

Puc 2502.23

RSA 362-F:13; RSA 362-F:6, I

Puc 2502.24

RSA 362-F:13; RSA 362-F:4, I(i)

Puc 2502.25

RSA 362-F:13; RSA 362-F:6, II

Puc 2502.26

RSA 362-F:13; RSA 362-F:4, I(m)

Puc 2502.27

RSA 362-F:13; RSA 362-F:2, XV-a

Puc 2502.28

RSA 362-F:13; RSA 362-F:2, XI

Puc 2502.29

RSA 362-F:13; RSA 362-F:6, II

Puc 2502.30

RSA 362-F:13; RSA 362-F:3

Puc 2502.31

RSA 362-F:13; RSA 362-F:2, XIII

Puc 2502.32

RSA 362-F:13; RSA 362-F:2, XIV

Puc 2502.33

RSA 362-F:13; RSA 362-F:10

Puc 2502.34

RSA 362-F:13; RSA 362-F:2, XV

Puc 2502.35

RSA 362-F:13; RSA 362-F:3

Puc 2502.36

RSA 362-F:13

Puc 2502.37

RSA 362-F:13; RSA 362-F:2, XV-a

Puc 2502.38

RSA 362-F:13; RSA 362-F:12

Puc 2502.39

RSA 362-F:13; RSA 362-F:2, XV-a

Puc 2502.40

RSA 362-F:13; RSA 362-F:2, XV-a

Puc 2503.01

RSA 362-F:13; RSA 362-F:3; RSA 362-F:14; RSA 362-F:15

Puc 2503.02

RSA 362-F:13; RSA 362-F:10

Puc 2503.03

RSA 362-F:13; RSA 362-F:8

Puc 2503.04

RSA 362-F:13; RSA 362-F:6, II-a

Puc 2503.05

RSA 362-F:13; RSA 362-F:7

Puc 2504.01

RSA 362-F:13; RSA 362-F:6, IV; RSA 362-F:4, I(m)

Puc 2504.02

RSA 362-F:13; RSA 362-F:7

Puc 2505.01

RSA 362-F:13; RSA 362-F:11

Puc 2505.02

RSA 362-F:13; RSA 362-F:11, I

Puc 2505.03

RSA 362-F:13; RSA 362-F:13, V

Puc 2505.04

RSA 362-F:13; RSA 362-F:4, I(l); RSA 362-F:11, III; RSA 362-F:12

Puc 2505.05

RSA 362-F:13; RSA 362-F:4, I(i)

Puc 2505.06

RSA 362-F:13; RSA 362-F:4, I(j)

Puc 2505.07

RSA 362-F:13; RSA 362-F:4, I(l)

Puc 2505.08

RSA 362-F:13; RSA 362-F:4, I(l)

Puc 2505.09

RSA 362-F:13; RSA 362-F:4, I(m)

Puc 2505.10

RSA 362-F:13; RSA 362-F:6, II

Puc 2505.11

RSA 362-F:13; RSA 362-F:12

Puc 2505.12

RSA 362-F:13; RSA 362-F:4, I(m); RSA 362-F:11

Puc 2505.13

RSA 362-F:13; RSA 362-F:11

Puc 2505.14

RSA 362-F:13; RSA 362-F:11, II

Puc 2505.15

RSA 362-F:13; RSA 362-F:11; RSA 362-F:12

Puc 2506.01

RSA 362-F:13; RSA 362-F:6

Puc 2506.02

RSA 362-F:13; RSA 362-F:6, II; RSA 362-F:7, II

Puc 2506.03

RSA 362-F:13; RSA 362-F:4, I(k)

Puc 2506.04

RSA 362-F:13, VI-a

Puc 2506.05

RSA 362-F:13, VI-a

Puc 2506.06

RSA 362-F:13, VI-a

Puc 2506.07

RSA 362-F:13, VI-b

Puc 2506.08

RSA 362-F:13, VI-b

Puc 2506.09

RSA 362-F:13, VI-b

Puc 2507.01

RSA 362-F:13; RSA 362-F:6, II

Puc 2507.02

RSA 362-F:13; RSA 362-F:6, II

Puc 2508.01

RSA 362-F:13; RSA 362-F:10

Puc 2508.02

RSA 362-F:13; RSA 362-F:10, I

Puc 2508.03

RSA 362-F:13; RSA 362-F:10, I

Puc 2508.04

RSA 362-F:13; RSA 362-F:10, I

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

Rule

Title (date)

Source

Puc 2505.02(d)(15)d

Puc

2505.04(k)

“Emission Controls for Small Wood-Fired Boilers,” May 6, 2010, prepared for the United States Forest Service, Western Forestry Leadership Coalition, by Resource Systems Group, Inc.

Western Forestry Leadership Coalition

2850 Youngfield Street

Lakewood, CO 80215

Available at: http://www.biomasscenter.org/images/stories/emissions_rpt.pdf

Puc 2506.03(a)

GIS Operating Rules, effective October 1, 2017

New England Power Pool Generation

Information System

224 Airport Parkway, Suite 500

San Jose, CA 95110

Available at: http://www.nepoolgis.com/wp-content/uploads/sites/3/2017/09/GIS-Operating-Rules-Effective-10-1-17.pdf?x41232

Puc 2506.04(e)(1)

European Standard BS EN 1434-1, 2015 edition

CEN, the European Committee for Standardization,

Rue de la Science 23 B – 1040

Brussels, Belgium

Available for $128.00 at: http://www.offerstandards.com/bs-en-1434-12015

Puc 2506.04(m)(12)

The International Association for the Properties of Water and Steam Revised Release on the IAPWS Industrial Formulation 1997 for the Thermodynamic Properties of Water and Steam, August 2007 revision

The International Association for the Properties of Water and Steam

Available at:

http://www.iapws.org/relguide/IF97-Rev.pdf

Puc

2506.09(b)(3)

U.S. Department of Energy Biodiesel Handling and Use Guide, Fifth Edition, November 2016

U.S. Department of Energy

1000 Independence Ave. SW

Washington DC 20585

Also available at:

http://biodiesel.org/docs/using-hotline/nrel-handling-and-use.pdf?sfvrsn=4

History

#10741, eff 12-5-14; ss by #12473, eff 2-1-18

Chapter Puc 2600 Greenhouse Gas Emissions Reduction Fund

Part Puc 2601 Purpose and Applicability

N.H. Code Admin. R. Ann. Puc 2601.01 Purpose.

The purpose of Puc 2600, pursuant to RSA 125-O:8, II and 125-O:23, is to provide for the administration of the greenhouse gas emissions reduction fund.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2601.02 � Greenhouse Gas Emissions Reduction Fund

. Applicability. Puc 2600 shall apply to those persons seeking use of monies from the greenhouse gas emissions reduction fund including:

(a) Private entities;

(b) The department;

(d) Other state and local governmental agencies and instrumentalities.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

Part Puc 2602 Definitions

N.H. Code Admin. R. Ann. Puc 2602.01 Allowances

“Allowances” means those Regional Greenhouse Gas Initiative (RGGI) allowances comprising the state’s annual budget for CO2 emissions specified in RSA 125-O:21, II.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.02 Building energy code

“Building energy code” means the building code defined in RSA 155-D:2, II.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.03 Conservation

“Conservation” means a reduction in energy use and greenhouse gas emissions through reduced energy consumption or demand.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.04 Commission

“Commission” means the New Hampshire public utilities commission.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.05 Cost-effective

“Cost-effective” means that the reasonably expected energy efficiency gains and other benefits of a proposed measure or program exceed the reasonably projected costs of implementing the measure or program calculated over its expected life.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.06 Department

“Department” means the department of environmental services.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.07 Demand response programs

“Demand response programs” means mechanisms to reduce the demand from electricity customers in response to supply conditions, peak demand, or market prices.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.08 Energy audit

“Energy audit” means the inspection, survey and analysis of energy flows in a building, process or system with the objective of understanding the energy dynamics of the system under study and assessing the opportunities for energy efficiency and conservation improvements.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.09 Energy efficiency

“Energy efficiency” means using less energy or energy in a different manner that results in lower net greenhouse gas emissions to provide the same level of energy service or comparable functionality.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.10 Greenhouse gas emissions reduction fund

“Greenhouse gas emissions reduction fund” means the non-lapsing, special fund established by RSA 125-O:23.

History

#9352, INTERIM, eff 1-1-09, EXPIRES: 12-31-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.11 Low-income residential customers

“Low-income residential customers” means those residents of New Hampshire who are eligible for either federal, state or utility low-income energy assistance, energy efficiency or weatherization programs, or whose income is 60% or less of the state’s median income.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.12 New Hampshire’s peak electric load

“New Hampshire’s peak electric load” means the annual hour of maximum electric load measured in megawatts for the New Hampshire electric grid.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.13 Passive solar heating and ventilation systems

“Passive solar heating and ventilation systems” means the technologies that create heat or cooling without the use of active mechanical systems. Passive solar heating technologies convert sunlight into usable heat or store heat for future use, with little or no use of other energy sources. Passive ventilation systems use building design features that allow or promote air flows for natural ventilation and cooling with little or no use of other energy sources.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.14 Private entity

“Private entity” means a for profit or not for profit legal entity that is not a governmental agency, including, but not limited to, non-municipal utilities, corporations, partnerships, individuals and other forms of business and not for profit organizations.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.15 Regional greenhouse gas initiative (RGGI)

“Regional greenhouse gas initiative (RGGI)” means “regional greenhouse gas initiative” as defined in RSA 125-O:20, XII, namely “the program to implement a memorandum of understanding (MOU) between signatory states, dated December 20, 2005 and as amended on August 8, 2006 and April 20, 2007, and the corresponding model rule to establish a regional CO2 emissions budget and allowance trading program for emissions from fossil fuel-fired electricity generating units.”

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.16 Revolving loan fund

“Revolving loan fund” means a source of money from which loans are made for energy efficiency, conservation, or demand response purposes where, as borrowers repay loans, funds become available for new loans to other borrowers.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2602.17 Weatherization

“Weatherization” means the practice of protecting a building and its interior from cold and hot weather including sunlight, precipitation, and wind, and of modifying a building to reduce energy consumption and optimize energy efficiency.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

Part Puc 2603 Low Income Residential Customers

N.H. Code Admin. R. Ann. Puc 2603.01 Energy Efficiency for Low Income Residential Customers

(a) Pursuant to RSA 125-O:23, III, the commission shall allocate at least 10 percent of the greenhouse gas emissions reduction fund, on an annual basis to assist low income residential customers:

(1) To reduce total energy use, including heating fuels; and

(2) To foster the development and retrofitting of highly efficient and affordable housing.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

Part Puc 2604 Energy Efficiency Programs

N.H. Code Admin. R. Ann. Puc 2604.01 Use of Greenhouse Gas Emissions Reduction Fund

(a) Pursuant to RSA 125-O:23, the greenhouse gas emissions reduction fund shall be used to support energy efficiency, conservation and demand response programs to reduce greenhouse gas emissions generated within New Hampshire.

(b) The commission shall select and fund eligible programs through:

(1) The solicitation of proposals pursuant to Puc 2604.02;

(2) An adjudicative proceeding, pursuant to Puc 203, for the system benefits charge core efficiency programs approved pursuant to RSA 374-F; or

(3) Otherwise through an adjudicative proceeding, pursuant to Puc 203.

(1) Energy audits;

(2) Weatherization of New Hampshire residential and commercial building stock;

(3) Energy efficiency related work force training and development;

(4) Revolving loan funds for energy efficiency related investment;

(5) Energy efficiency related industrial process and control systems;

(6) Integration of passive solar heating and ventilation;

(7) Programs to increase compliance with the building energy code;

(8) Programs to improve the electric and thermal energy efficiency of new and existing residences and commercial buildings;

(9) Programs to foster the development and retrofitting of highly efficient and affordable housing;

(10) Education, outreach and information programs that promote energy efficiency, conservation, and demand response; and

(11) Demand response programs to reduce New Hampshire’s peak electric load.

(d) Notwithstanding this part, the commission shall have the authority to rebate certain monies in the greenhouse gas emissions reduction fund to electric ratepayers pursuant to Puc 2605 and RSA 125-O:23, IV.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2604.02 Solicitation of Proposals

(a) The commission shall periodically issue requests for proposals (RFPs) for programs to be supported by the greenhouse gas emissions reduction fund.

(b) To be eligible for monies from the greenhouse gas emissions reduction fund, a proposal shall be designed to improve energy efficiency, conservation or demand response, and reduce greenhouse gas emissions in New Hampshire.

(1) Private entities;

(2) The department;

(3) The commission; and

(4) State and local government agencies and instrumentalities, including municipal utilities.

(d) RFPs shall include:

(1) A description of information to be included in submitted proposals;

(2) Requirements for funding agreements that selected recipients will be required to enter into prior to receiving funding;

(3) Monitoring and reporting requirements; and

(4) Proposal submission requirements.

(e) The commission shall request supplemental information or revisions from persons submitting proposals when such information or revisions will:

(1) Clarify the terms within the proposal; or

(2) Otherwise assist the commission in the revision and evaluation of the proposal.

(f) The commission shall recommend coordination or collaboration between applicants and shall allow revisions to proposals if such coordination, collaboration or revisions will improve:

(1) Efficient management of the program;

(2) Cost effectiveness of the program; or

(3) The ability of the applicant or applicants to accomplish the purposes of RSA 125-O:23.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2604.03 Selection of Proposals

(a) In determining whether and to what extent it will fund proposals submitted pursuant to Puc 2604.02 (a) above, the commission shall consider the extent to which each proposed program can be expected to:

(1) Reduce greenhouse gas emissions from all fuels used to provide electricity, heating and cooling in New Hampshire;

(2) Be cost-effective;

(3) Reduce New Hampshire’s peak electric load;

(4) Promote:

a. Market transformation for energy efficient technologies, strategies and design;

b. Innovative technologies;

c. Economic development; and

d. Reduced energy costs;

(5) Leverage funds or resources from other sources to maximize its impact;

(6) Effectively measure and verify program performance against stated goals;

(7) Promote collaboration and provide useful information for future program evaluation and improvements; and

(8) Otherwise be consistent with the public interest and the purposes of RSA 125-O:19.

(b) The commission shall fund those proposals that it finds:

(1) Support one or more of the purposes set forth in (a) above;

(2) Are realistically proposed and achievable by the applicant;

(3) Are most likely, on balance, to advance the purposes of RSA 125-O, within the constraint of available funds.

(c) Following selection of a proposal, the commission shall establish a schedule of disbursement of funds that shall consist of one or more of the following:

(1) Upfront funding of the proposal;

(2) Increments of funding based on the passage of time or specified milestones;

(3) Reimbursement of actual expended costs; or

(4) A loan of funds for a period of time.

(d) Pursuant to RSA 125-O:23,VIII, the commission shall enter into funding agreements for the implementation of programs that are contingent, in whole or in part, on future proceeds from budget allowance auctions held within 12 months of the date such agreements become effective.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

Part Puc 2605 Ratepayer Rebates

N.H. Code Admin. R. Ann. Puc 2605.01 Allowance Sales in Excess of Threshold Prices

(a) Notwithstanding Puc 2604 above, pursuant to RSA 125-O:23, IV the commission shall order and provide for the rebate to all electric ratepayers on a uniform per kilowatt hour basis all auction proceeds that exceed threshold prices for any allowance sale made prior to January 1, 2016.

(b) For purposes of this section, “threshold prices” means the prices listed below for any allowance sale made prior to January 1, 2016 that are deposited in the fund:

(1) 2009, $6 per ton;

(2) 2010, $8 per ton;

(3) 2011 and 2012, $9 per ton;

(4) 2013 and 2014, $12 per ton; and

(5) 2015, $15 per ton.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2605.02 � Greenhouse Gas Emissions Reduction Fund

. Unencumbered Funds. If the commission finds that there is a significant amount of unencumbered dollars in the greenhouse gas emissions reduction fund that are not needed for program or administrative purposes, the commission shall order and provide for the rebate of such unencumbered dollars on a uniform per kWh basis to electric ratepayers.

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

N.H. Code Admin. R. Ann. Puc 2605.03 Rebate to Electric Ratepayers

The commission shall order and provide for the rebate of any monies eligible for rebate under this part in a timely manner to be set forth by commission order.

APPENDIX

Rule

Statute

Puc 2601.01

RSA 125-O:8, II; RSA 125-O:23

Puc 2601.02

RSA 125-O:8, II; RSA 125-O:23, II

Puc 2602.01

RSA 125-O:8, II; RSA 125-O:23;

RSA 125-O:21, II

Puc 2602.02

RSA 125-O:8, II; RSA 125-O:23;

RSA 155-D:2, II

Puc 2602.03

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.04

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.05

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.06

RSA 125-O:8, II; RSA 125-O:23;

RSA 125-O:2, IV

Puc 2602.07

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.08

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.09

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.10

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.11

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.12

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.13

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.14

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.15

RSA 125-O:8, II; RSA 125-O:23; RSA 125-O:20, XII

Puc 2602.16

RSA 125-O:8, II; RSA 125-O:23

Puc 2602.17

RSA 125-O:8, II; RSA 125-O:23

Puc 2603.01

RSA 125-O:8, II; RSA 125-O:23; RSA 125-O:23, III

Puc 2604.01

RSA 125-O:8, II; RSA 125-O:23

Puc 2604.02

RSA 125-O:8, II; RSA 125-O:23

Puc 2604.03

RSA 125-O:8, II; RSA 125-O:23; RSA 125-O:23,VII

Puc 2605.01

RSA 125-O:8, II; RSA 125-O:23; RSA 125-O:23, IV

Puc 2605.02

RSA 125-O:8, II; RSA 125-O:23, V

Puc 2605.03

RSA 125-O:8, II; RSA 125-O:23; IV

History

#9352, INTERIM, eff 1-1-09; ss by #9615, eff 12-12-09, EXPIRED: 12-12-17

Chapter Puc 3000 Competitive Natural Gas Supplier and Aggregator Rules

Part Puc 3001 Purpose and Application of the Rules

N.H. Code Admin. R. Ann. Puc 3001.01 Purpose

The purpose of Puc 3000 is to establish a procedure, in addition to Puc 200, to adjudicate the department’s petitions alleging sanctionable events and the transfer of customer complaints against competitive natural gas suppliers and aggregators registered with the department of energy under RSA 12-P:15, I and the En 3000 rules.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36

N.H. Code Admin. R. Ann. Puc 3001.02 Application of Rules

(a) This chapter shall apply to competitive natural gas suppliers as defined in Puc 3002.07 and aggregators as defined in Puc 3002.03.

(b) This chapter shall not apply to the sale of natural gas to residential or non-residential customers by a local distribution company as defined in En 3002.14.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36

N.H. Code Admin. R. Ann. Puc 3001.03 Waiver of Rules

The commission shall consider and determine any request for a waiver from the provisions of these rules pursuant to Puc 203.01.

History

#14613, eff 6-5-26, EXPIRES: 6-5-36

Part Puc 3002 Definitions

N.H. Code Admin. R. Ann. Puc 3002.01 Aggregate

“Aggregate” means to combine the natural gas loads of 2 or more customers or a single customer with multiple meters or multiple locations.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10 (from Puc 3002.01) EXPIRED: 9-25-20
#14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.02)

N.H. Code Admin. R. Ann. Puc 3002.02 Aggregator

“Aggregator” means any person or entity that aggregates natural gas load but takes no ownership of the natural gas supplies needed to meet that aggregated load. The term includes, but is not limited to, any person or entity that facilitates or otherwise arranges for the purchase or sale of natural gas between customers and approved competitive natural gas suppliers. The term does not include any employee aggregating load on behalf of her or his employer.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10; ss by #12757, eff 6-1-19 (from Puc 3002.02); ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.03)

N.H. Code Admin. R. Ann. Puc 3002.03 Commission

“Commission” means the New Hampshire public utilities commission.

#12757, eff 6-1-19 (from Puc 3002.03)

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10 (from Puc 3002.03); ss by #12757, eff 6-1-19 (from Puc 3002.05); ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.06)

N.H. Code Admin. R. Ann. Puc 3002.04 Competitive natural gas supplier (CNGS)

“Competitive natural gas supplier (CNGS)” means any person or entity that sells or offers to sell natural gas to a customer of a local distribution company (LDC) in this state. A CNGS takes ownership of the natural gas supply to the extent it is the entity responsible for delivering that supply to the city gates of an LDC in accordance with the LDC’s balancing requirements. The term does not include any municipal or county corporation operating within its corporate limits, LDCs supplying natural gas in accordance with rates and/or practices approved by the commission, third party suppliers to entities with direct connections to non-utility owned intrastate or interstate natural gas pipelines, suppliers to electrical generation facilities with a capacity of 30 megawatts or more, or persons or entities to the extent that they supply natural gas at wholesale to an LDC.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10 (from Puc 3002.04); ss by #12757, eff 6-1-19 (from Puc 3002.06); ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.07)

N.H. Code Admin. R. Ann. Puc 3002.05 Customer

“Customer” means any person or entity in this state, including any governmental unit, that utilizes delivery service provided by an LDC and purchases natural gas at retail from a CNGS or whose load is aggregated by an aggregator, but does not include residential consumers.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10 (from Puc 3002.05); ss by #12757, eff 6-1-19 (from Puc 3002.07); ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.09)

N.H. Code Admin. R. Ann. Puc 3002.06 Department

“Department” means the New Hampshire department of energy.

History

#14613, eff 6-5-26, EXPIRES: 6-5-36

N.H. Code Admin. R. Ann. Puc 3002.07 Principals

History

#12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.16)

N.H. Code Admin. R. Ann. Puc 3002.08 Sanctionable event

“Sanctionable event” means a CNGS or aggregator has:

(1) Violated any provision of the rules included in this chapter or in En 3000;

(2) Violated the requirements of RSA 12-P:15, I or any other provision of RSA Title XXXIV applicable to CNGS or aggregators; or

(3) Engaged in any unfair or deceptive acts or practices in the marketing, sale, or solicitation of natural gas or related services.

History

#12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.17)

Part Puc 3003 Enforcement Provisions and Procedures

N.H. Code Admin. R. Ann. Puc 3003.01 Department Petitions to the Commission

Upon receipt of a petition filed by the department alleging a sanctionable event pursuant to En 3005.01, the commission shall begin adjudicative proceedings in accordance with Chapter Puc 200 rules.

History

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3005.01)

N.H. Code Admin. R. Ann. Puc 3003.02 Commission Adjudication of Consumer Complaints

(a) Pursuant to Puc 203.06 and Puc 203.07, customer complaints transferred to the commission for adjudication shall be in the form of a petition.

(b) Pursuant to RSA 541-A:31, RSA 365:4, and RSA 365:5, the commission shall commence an adjudicative proceeding to resolve a customer complaint against a CNGS or aggregator alleging that the CNGS or aggregator is not in compliance with the provisions of En 3000.

APPENDIX

Rule

Specific State Statute the Rule Implements

Puc 3000

RSA 365:8, I;

Puc 3001; Puc 3002; Puc 3003

RSA 365:8, I; RSA 365:5; RSA 541-A:30, II

History

#12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3005.07)