N.H. Code Admin. R. Ann. En — Department of Energy (Established pursuant to 2021, 91:187, effective 7-1-21, which adopted RSA 12-P. Pursuant to RSA 12-P:14, “Existing rules, orders, and approvals of the public utilities commission which are associated with any functions, powers, and duties, transferred to the department of energy pursuant to RSA 12-P:11 or any other statutory provision, shall continue in effect and be enforced by the commissioner of the department of energy until they expire or are repealed or amended in accordance with applicable law.” See Puc.

Chapter En 200 Procedural Rules

Part En 201 General Requirements

N.H. Code Admin. R. Ann. En 201.01 RESERVED {#sec-en-201.01 omnilex-key=us-nh-regs-official--agency-en--En 201.01}

N.H. Code Admin. R. Ann. En 201.02 RESERVED {#sec-en-201.02 omnilex-key=us-nh-regs-official--agency-en--En 201.02}

N.H. Code Admin. R. Ann. En 201.03 RESERVED {#sec-en-201.03 omnilex-key=us-nh-regs-official--agency-en--En 201.03}

N.H. Code Admin. R. Ann. En 201.04 RESERVED {#sec-en-201.04 omnilex-key=us-nh-regs-official--agency-en--En 201.04}

En. 201.05 Waiver of Rules.

(a) The department shall waive the requirements or provisions of any department rule, except where precluded by statute, upon request by an interested party, or on its own motion, if the department finds that:

(1) Applying the rule provision would cause confusion or would be misleading;

(2) The rule provision is in whole or in part inapplicable to the given circumstances;

(3) There are specific circumstances applicable to the situation such that strict compliance with the rule would be onerous and would not promote the objective or intent of the rule provision; or

(4) Any other extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision.

(b) No requirement prescribed by statute shall be waived unless expressly authorized by law.

(d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.

(e) The duration of the waiver shall be only for the duration of time requested, if any, and in no instance for longer than one year.

APPENDIX

Rule

Specific State Statute the Rule Implements

En 201.01 - En 201.04 (RESERVED)

RSA 12-P:5, IV

En 201.05

RSA 12-P:5, IV; RSA 541-A:22, IV

History

#14179, eff 1-22-25

Chapter En 400 applies to telephone utilities in the state and governs telephone service by adopting various rules in the former Chapter Puc 400 of the Public Utilities Commission regarding standard procedures, general business rules, and requirements for telephone utilities to comply with relevant statutes and orders for the Public Utilities Commission. Additionally, Part En 413, which is based on Part Puc 413, provides the 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.

Part En 401 Purpose and Application

N.H. Code Admin. R. Ann. En 401.01 Purpose {#sec-en-401.01 omnilex-key=us-nh-regs-official--agency-en--En 401.01}

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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 401.02 Application {#sec-en-401.02 omnilex-key=us-nh-regs-official--agency-en--En 401.02}

(a) Parts En 401 through En 409 of this chapter shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996. Part En 410 of this chapter shall apply to all incumbent local exchange carriers (ILECs) operating as excepted local exchange carriers (ELECs) except to the extent preempted by the Telecommunications Act of 1996. Part En 411 shall apply to reports and filings applicable to Voice over Internet Protocol (VoIP) service as defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7, I(e) that provides the voice capabilities described in RSA 362:7, I(d)(1) and (3), other than a cellular mobile radio communications service provider or any entity to which RSA 363-A:2, I(c) applies. Part En 413 of this chapter shall apply to telecommunications carriers as defined under the Communications Act of 1934, as amended.

(b) These rules do not apply to VoIP and 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 department rules shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996:

(1) En 102, relative to definition of terms;

(2) En 200, procedural rules;

(3) En 800, underground utility damage protection program; and

(4) En 1300, utility pole attachments.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 402 Definitions

N.H. Code Admin. R. Ann. En 402.01 Accident notification roster {#sec-en-402.01 omnilex-key=us-nh-regs-official--agency-en--En 402.01}

“Accident notification roster” means the ordered list of department staff members to be contacted about reportable accidents which is available on the department’s website.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.02 Basic service {#sec-en-402.02 omnilex-key=us-nh-regs-official--agency-en--En 402.02}

“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 identification threatens their health or safety; and is 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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.03 Commission {#sec-en-402.03 omnilex-key=us-nh-regs-official--agency-en--En 402.03}

“Commission” means the New Hampshire public utilities commission.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.04 Competitive local exchange carrier (CLEC) {#sec-en-402.04 omnilex-key=us-nh-regs-official--agency-en--En 402.04}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.05 Competitive toll provider (CTP) {#sec-en-402.05 omnilex-key=us-nh-regs-official--agency-en--En 402.05}

“Competitive toll provider (CTP)” means any carrier authorized to provide intra local access and transport area (intraLATA) toll service, except for an ILEC-ELEC that provides toll service exclusively to its local service customers in New Hampshire.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.06 Contact information {#sec-en-402.06 omnilex-key=us-nh-regs-official--agency-en--En 402.06}

“Contact information” means:

(a) Name;

(b) Title;

(d) Telephone number; and

(e) Email address.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.07 Cyber attack {#sec-en-402.07 omnilex-key=us-nh-regs-official--agency-en--En 402.07}

“Cyber attack” means a deliberate, unauthorized exploitation of computer systems, technology-dependent enterprises, and networks.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.08 Department {#sec-en-402.08 omnilex-key=us-nh-regs-official--agency-en--En 402.08}

“Department” means the New Hampshire department of energy.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.09 Dial tone {#sec-en-402.09 omnilex-key=us-nh-regs-official--agency-en--En 402.09}

“Dial tone” means an aural tone that indicates to the telephone end-user that the handset is able to place a call.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.10 Excepted local exchange carrier (ELEC) {#sec-en-402.10 omnilex-key=us-nh-regs-official--agency-en--En 402.10}

“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 has elected to be excepted by filing with the commission a written notice advising of said election prior to July 1, 2021; or

(c) Any provider of telecommunications services that is not an incumbent local exchange carrier, including CLECs, CTPs, and PSPs.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.11 Incumbent local exchange carrier (ILEC) {#sec-en-402.11 omnilex-key=us-nh-regs-official--agency-en--En 402.11}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.12 Incumbent local exchange carrier operating as an excepted local exchange carrier (ILEC–ELEC) {#sec-en-402.12 omnilex-key=us-nh-regs-official--agency-en--En 402.12}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.13 RESERVED {#sec-en-402.13 omnilex-key=us-nh-regs-official--agency-en--En 402.13}

N.H. Code Admin. R. Ann. En 402.14 Payphone {#sec-en-402.14 omnilex-key=us-nh-regs-official--agency-en--En 402.14}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.15 Payphone service provider (PSP) {#sec-en-402.15 omnilex-key=us-nh-regs-official--agency-en--En 402.15}

“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 department to provide payphone service.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.16 Reportable accident {#sec-en-402.16 omnilex-key=us-nh-regs-official--agency-en--En 402.16}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.17 Rural telephone company (RTC) {#sec-en-402.17 omnilex-key=us-nh-regs-official--agency-en--En 402.17}

“Rural telephone company (RTC)” means an ILEC meeting the definition of rural telephone company under 47 U.S.C. § 153(44).

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.18 Secretary of state certificate of authority {#sec-en-402.18 omnilex-key=us-nh-regs-official--agency-en--En 402.18}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.19 Significant facility disruption {#sec-en-402.19 omnilex-key=us-nh-regs-official--agency-en--En 402.19}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.20 Telecommunications relay service (TRS) {#sec-en-402.20 omnilex-key=us-nh-regs-official--agency-en--En 402.20}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.21 Telephone utility {#sec-en-402.21 omnilex-key=us-nh-regs-official--agency-en--En 402.21}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.22 Transfer of customer base {#sec-en-402.22 omnilex-key=us-nh-regs-official--agency-en--En 402.22}

“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

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 402.23 Voice service {#sec-en-402.23 omnilex-key=us-nh-regs-official--agency-en--En 402.23}

“Voice service” means the conveyance of telephone messages for the public.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 403 Telephone Utility Requirements

N.H. Code Admin. R. Ann. En 403.01 Purpose {#sec-en-403.01 omnilex-key=us-nh-regs-official--agency-en--En 403.01}

The purpose of this part is to establish requirements for all telephone utilities.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 403.02 Application {#sec-en-403.02 omnilex-key=us-nh-regs-official--agency-en--En 403.02}

ILECs and ELECs shall comply with En 403 through 409.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 404 Telephone Utility Regulatory Requirements

N.H. Code Admin. R. Ann. En 404.01 RESERVED {#sec-en-404.01 omnilex-key=us-nh-regs-official--agency-en--En 404.01}

N.H. Code Admin. R. Ann. En 404.02 Authorization Required to Provide Voice Service {#sec-en-404.02 omnilex-key=us-nh-regs-official--agency-en--En 404.02}

(a) No person or entity shall provide voice services in any area of New Hampshire unless and until that person or entity is registered as an ELEC authorized in that area.

(b) To apply for authorization to provide voice service a person or entity shall complete and file Form T-8 “Application for Registration to Provide Voice Service” dated 10/2025 and acknowledge and certify as follows:

(1) “I attest that the applicant will comply with all applicable New Hampshire laws and Department policies, rules and orders.”;

(2) “I attest that the applicant has the necessary managerial qualifications, technical competence, and financial resources to operate the telephone utility for which the applicant seeks registration.”; and

(3) “I certify that the information on this form is true and correct to the best of my knowledge and belief subject to the penalty for making unsworn false statements under RSA 641:3.”

(c) If the applicant seeks to provide service in the territory of an RTC, such RTC shall be provided an opportunity to propose to the department that the ELEC be required by the department to meet the requirements of 47 U.S.C. § 253(f) regarding eligible telecommunications carrier qualifications before providing such service. The department shall determine whether to impose such a requirement through an adjudicative proceeding.

(d) If an applicant seeking to provide service in the territory of an RTC indicates in its petition that it will meet the requirements of 47 U.S.C. § 253(f) regarding eligible telecommunications carrier qualifications, then (c) above shall not apply.

(e) Unless the department denies an application for ELEC registration pursuant to En 404.03, the department shall authorize the applicant to provide voice service in the specified territory and issue the applicant a telephone utility identification number if the applicant was not previously assigned one. Such authorization shall include any requirement imposed pursuant to (c) above.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

N.H. Code Admin. R. Ann. En 404.03 Denial of Registration {#sec-en-404.03 omnilex-key=us-nh-regs-official--agency-en--En 404.03}

(a) When determining whether to grant or deny an application for registration pursuant to En 404.02, the department shall deny an application for registration if, and only if, it determines that the applicant or its general partners, corporate officers, directors of the company, limited liability company managers or officers have:

(1) Committed an act that would constitute a violation of these rules;

(2) Within the 10 years immediately prior to registration, had any civil, criminal, or regulatory sanctions or penalties imposed against them pursuant to any state or federal consumer protection law or regulation;

(3) Knowingly made a material false statement of fact in the application; or

(4) Demonstrated on its application such flagrant or repeated violations of the requirements to operate as a utility or a competitive carrier in other state(s) that the department determines that it is not in the public good to allow registration.

(b) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.04 Assessment {#sec-en-404.04 omnilex-key=us-nh-regs-official--agency-en--En 404.04}

Telephone utilities shall be assessed pursuant to RSA 363-A.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.05 RESERVED {#sec-en-404.05 omnilex-key=us-nh-regs-official--agency-en--En 404.05}

N.H. Code Admin. R. Ann. En 404.06 Website {#sec-en-404.06 omnilex-key=us-nh-regs-official--agency-en--En 404.06}

Each ELEC and ILEC shall post the rates, fares, charges, prices, terms, and conditions of all voice services on its publicly available website.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.07 Accident Notifications {#sec-en-404.07 omnilex-key=us-nh-regs-official--agency-en--En 404.07}

(a) Each ELEC shall notify the department immediately by telephone when it becomes aware that a reportable accident has occurred in connection with its facilities or property within the state of New Hampshire.

(b) The ELEC shall contact the first representative listed for telephone accident notifications on the accident notification roster, at the telephone number provided, and, if that representative is unavailable, the ELEC shall work sequentially through the accident notification roster until it speaks directly with one of the department representatives listed therein.

(c) If direct contact with a department representative is not successful, the ELEC shall call the department general telephone listing, provided in the accident notification roster, and leave a voice mail message:

(1) Identifying the ELEC and the name and return telephone number of the individual attempting to report; and

(2) Stating that an accident requiring notification has occurred.

(d) The ELEC shall provide the department with the following information as soon as direct contact is made with a department representative:

(1) The name of the ELEC;

(2) The name of the person making the report and the telephone number at which such person can be reached;

(3) A brief description of the accident or event and location including but not limited to;

a. The name of the injured person;

b. The nature and extent of injury;

c. Whether the accident involved electric contact;

d. The injured person’s relationship with the ELEC; and

e. Previous report if applicable;

(4) The time at which:

a. The accident or event occurred; and

b. The ELEC was first notified of the accident or event;

(5) A description of any fatalities including date of death, personal injuries, and damages; and

(6) Any other information relevant to the cause of the accident and the extent of the damages.

(e) Direct contact required by (d) above shall be deemed made when:

(1) A department representative answers a telephone call from the ELEC representative calling pursuant to (b) above; or

(2) A department representative returns a call and speaks directly with the ELEC’s representative in response to (c) above.

(f) Notification of a reportable accident shall be deemed complete once the information required in (d) above has been conveyed to a department representative.

(g) In addition to notifying the department, an ELEC shall complete and file Form T-3 “Utility Accident Report” dated 10/2025, for each reportable accident within 10 business days of the accident.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

N.H. Code Admin. R. Ann. En 404.08 General Preservation and Availability of Records {#sec-en-404.08 omnilex-key=us-nh-regs-official--agency-en--En 404.08}

(a) ELECs shall preserve all records required by En 200 and En 400 for a period of 2 years unless otherwise designated by the department’s rules governing the preservation of records.

(b) ELECs shall make available the records required to be preserved pursuant to (a) above to the department for examination during the telephone utility’s normal business hours.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.09 Notices to Customers {#sec-en-404.09 omnilex-key=us-nh-regs-official--agency-en--En 404.09}

(a) Unless otherwise specified, any notice to customers required by these rules shall:

(1) Include the company name and relevant contact telephone number;

(2) Be provided:

a. In a separate mailing;

b. As a bill insert; or

c. By clear and conspicuous notice printed on the customer’s bill; and

(3) Be sent separately from communications that would otherwise include only promotional materials.

(b) Notices pursuant to this section may be delivered electronically to those customers who have elected to receive bills and notices electronically.

(c) Electronic delivery pursuant to (b) above shall not include posting a notice on a publicly available website without direct notification to the customer pursuant to this section.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.10 Transfers of Customer Base {#sec-en-404.10 omnilex-key=us-nh-regs-official--agency-en--En 404.10}

(a) In connection with any transfer of customer base in which the acquiring carrier is a telephone utility, the acquiring carrier shall file with the commission and the department the following documents:

(1) A copy of the letter notification and any subsequent notices of changed information submitted to the FCC pursuant to 47 C.F.R. § 64.1120(e), to be filed at the same time of submission to the FCC; and

(2) A copy of the commission’s Form T-4 “Transfer of Customer Base Report” to be filed 30 days prior to the occurrence of the transfer of customer base.

(b) In connection with any transfer of customer base in which the acquiring carrier is not a telephone utility, the selling or transferring carrier shall file with the commission and the department the following documents:

(1) A copy of the letter notification and any subsequent notices of changed information submitted by the acquiring carrier to the FCC pursuant to 47 C.F.R. § 64.1120(e), to be filed within 3 days of submission to the FCC; and

(2) A copy of the commission’s Form T-4 “Transfer of Customer Base Report” to be filed 30 days prior to the occurrence of the transfer of customer base.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.11 Number Portability Notice {#sec-en-404.11 omnilex-key=us-nh-regs-official--agency-en--En 404.11}

Before terminating any customer’s telephone service for any reason other than customer request or customer non-payment of amounts billed for prior services rendered, ELECs providing local service shall provide at least 10 days’ notice to the customer. This notice shall include a description of the process by which the customer may transfer the telephone number to another provider.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 404.12 Payphones. {#sec-en-404.12 omnilex-key=us-nh-regs-official--agency-en--En 404.12}

(a) Any payphone shall have the following functionalities, without charge to the customer:

(1) A dial tone signal;

(2) 911 emergency access; and

(3) Access to TRS.

(b) An ELEC that maintains payphones shall allow and assist the department when the department shall, from time to time, inspect the payphones the ELEC maintains and the manner in which each such ELEC has conformed to statutes, rules, and orders applicable to payphones.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 406 Telephone Utility Equipment and Facilities

N.H. Code Admin. R. Ann. En 406.01 Construction, Installation, and Maintenance of Physical Plant {#sec-en-406.01 omnilex-key=us-nh-regs-official--agency-en--En 406.01}

(a) Telephone utilities shall construct, install, and maintain their plant, structures, equipment, and lines in accordance with the National Electrical Safety Code, 2023 edition, as available as noted in Appendix B.

(b) Telephone utilities shall construct, install, and maintain their plant, structures, equipment, and lines to prevent interference with service furnished by other carriers and by other public service facilities, such as cable, fire alarm, electric, water, sewer, gas, or steam facilities.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 406.02 Emergency Operations {#sec-en-406.02 omnilex-key=us-nh-regs-official--agency-en--En 406.02}

ELECs shall adopt generally accepted best industry practices or otherwise make reasonable provisions to:

(a) Meet emergencies and storm restoration requirements for poles, conduits, ducts, pipes, pole attachments, wires, cables, and related plant and equipment located within public rights-of-way and on, over, or under state lands and water bodies;

(b) Ensure that their facilities remain safe and adequate in the event of cyber attacks;

(c) Ensure that their facilities remain safe and adequate under emergency circumstances and other foreseeable adverse conditions; and

(d) Conform with federal regulations regarding disaster preparedness.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 406.03 Significant Facility Disruption {#sec-en-406.03 omnilex-key=us-nh-regs-official--agency-en--En 406.03}

(a) ELECs shall report significant facility disruptions within 120 minutes of occurrence by e-mail notification to svcTelcoOutage@energy.nh.gov.

(b) The e-mail notification sent pursuant to (a) above shall accept reply messages from the department.

(c) In the event the ELEC does not receive confirmation of receipt of the e-mail from the department, it shall place a call to the department’s main number to report the significant facility disruption.

(d) ELECs shall report significant facility disruptions in writing to the department by completing Form T-5 “Facility Disruption Report” dated 10/2025, which shall be filed within 10 days of the disruption.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

Part En 407 Elec Intercarrier Obligations

N.H. Code Admin. R. Ann. En 407.01 Intercompany Cooperation {#sec-en-407.01 omnilex-key=us-nh-regs-official--agency-en--En 407.01}

ELECs shall cooperate with all carriers to ensure an ubiquitous telephone network in New Hampshire capable of completing all calls, over which customers perceive no transition from one carrier to the next.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 407.02 Provision of Interconnection {#sec-en-407.02 omnilex-key=us-nh-regs-official--agency-en--En 407.02}

ELECs shall interconnect directly or indirectly with the facilities and equipment of other carriers.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 407.03 Network Changes {#sec-en-407.03 omnilex-key=us-nh-regs-official--agency-en--En 407.03}

At least 6 months prior to network changes which might affect existing or pending interconnections, ELECs shall make available necessary information relating to network design and technical standards, and information concerning changes to the network that affect interconnection.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 407.04 Switching and Signaling Obligations {#sec-en-407.04 omnilex-key=us-nh-regs-official--agency-en--En 407.04}

(a) ELECs shall provide answer and disconnect supervision in accordance with industry standards.

(b) ELECs shall deliver to their customers all calls unless screened or blocked at the customer’s request.

(d) ELECs shall provide reasonable access to all signaling information pursuant to industry protocols.

(e) ELECs shall not interfere with the transmission of signaling information.

(f) ELECs shall communicate, on a demand and preventative basis, information regarding maintenance necessary to ensure successful call completion.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 407.05 Carrier to Carrier Migrations {#sec-en-407.05 omnilex-key=us-nh-regs-official--agency-en--En 407.05}

In addition to complying with Puc 406.01, ELECs shall comply with the following:

(a) When porting a customer’s number to another carrier, ELECs shall release the number without delay or consideration of any issue such as the customer’s account balance.

(b) ELECs that have implemented a long-term database number portability method pursuant to 47 C.F.R. § 52.23 shall port a customer’s number to another carrier in accordance with 47 C.F.R. §52.35.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 407.06 Directories {#sec-en-407.06 omnilex-key=us-nh-regs-official--agency-en--En 407.06}

(a) If a carrier wishes to list its customers’ telephone numbers in the same published white and yellow pages telephone directory or directories in which an ELEC causes its own customers’ telephone numbers to be published, the ELEC shall permit such listing on a non-discriminatory access basis.

(b) ELECs shall provide publishers and any other person or business with reasonable, nondiscriminatory access to subscriber listing information for the purpose of publishing telephone directories or providing directory assistance, and all such information shall be provided at reasonable rates and subject to reasonable terms and conditions.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 408 Elec Reports and Filings

N.H. Code Admin. R. Ann. En 408.01 Due Annually {#sec-en-408.01 omnilex-key=us-nh-regs-official--agency-en--En 408.01}

(a) Form T-1 “Contact and Trade Name Information” dated 10/2025 shall be completed and filed by the ELEC on or before March 31 of each year, and shall cover the most recent calendar year.

(b) Form T-2 “Assessment Report” dated 10/2025 shall be completed and filed by the ELEC on or before March 31 of each year, and shall cover the most recent calendar year.

(c) If the ELEC operated any payphones during the previous year, it shall complete and file Form T-6 “Payphone Location Report” dated 10/2025, on or before March 31 of each year, covering the most recent calendar year.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

N.H. Code Admin. R. Ann. En 408.02 Event-Driven {#sec-en-408.02 omnilex-key=us-nh-regs-official--agency-en--En 408.02}

ELECs shall complete and file the following reports with the department within 30 days of the event that necessitates the filing, unless otherwise specified:

(a) A Form T-1 “Contact and Trade Name Information” as dated 10/2025, on the occurrence of any change in the information on the ELEC’s most recently filed T-1;

(b) A Form T-3 “Utility Accident Report” as dated 10/2025, on the occurrence of a reportable accident pursuant to En 404.07(g);

(c) A copy of the commission’s Form T-4 “Transfer of Customer Base Report,” 30 days prior to the occurrence of a transfer of customer base;

(d) A Form T-5 “Facility Disruption Report” dated 10/2025, on the occurrence of a significant facility disruption, pursuant to En 406.03(d);

(e) A Form T-7 “Exchange Eligibility Report” dated 10/2025, when becoming eligible to provide service in an exchange; and

(f) A Form T-8 “Application for Registration to Provide Voice Service” dated 10/2025 prior to offering such service in an area in which the applicant is not yet authorized.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

N.H. Code Admin. R. Ann. En 408.03 Submitting Reports and Forms {#sec-en-408.03 omnilex-key=us-nh-regs-official--agency-en--En 408.03}

(a) ELECs shall submit all reports and forms to the department by the following methods:

(1) Mail or other delivery to:

New Hampshire Department of Energy

21 South Fruit Street, Suite 10

Concord, NH 03301-2429; or

(2) Electronic report filing as the department shall provide on the department website at telecom-info-reports@energy.nh.gov.

(b) ELECs making an electronic filing pursuant to (a)(2) above shall comply with Puc 202.06 regarding filing requirements except that under this section, they shall submit the original by mail and the electronic copy by email.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 408.04 Confidential Treatment {#sec-en-408.04 omnilex-key=us-nh-regs-official--agency-en--En 408.04}

ELECs which seek confidential treatment of any report or any portion of a report required by this Chapter shall comply with the applicable provisions of En 201.04, En 201.06, En 201.07, and En 203.08.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

Part En 409 Elec Common Forms

N.H. Code Admin. R. Ann. En 409.01 Form T-9 Withdrawal of Authorization to Operate As a Telephone Utility In New Hampshire {#sec-en-409.01 omnilex-key=us-nh-regs-official--agency-en--En 409.01}

An ELEC may request that the department consider its withdrawal of authorization to operate as an ELEC by completing and filing Form T-9 “Withdrawal of Authorization to Operate as a Telephone Utility in New Hampshire” dated 10/2025.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

Part En 410 ADDITIONAL REQUIREMENTS APPLICABLE TO ILECS OPERATING AS ELECS (ILEC-ELECs)

N.H. Code Admin. R. Ann. En 410.01 Purpose {#sec-en-410.01 omnilex-key=us-nh-regs-official--agency-en--En 410.01}

The purpose of this part is to establish additional requirements for all ILEC-ELECs.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 410.02 Application {#sec-en-410.02 omnilex-key=us-nh-regs-official--agency-en--En 410.02}

ILEC-ELECs shall comply with En 410.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 410.03 Basic Service {#sec-en-410.03 omnilex-key=us-nh-regs-official--agency-en--En 410.03}

(a) An ILEC-ELEC shall not require a customer to purchase or subscribe to any other service, feature, or product, whether separate from or in combination with basic service, or on an unbundled or bundled basis with basic service, in order to obtain basic service offered by the ILEC-ELEC. This rule shall not preclude an ILEC-ELEC from charging a customer construction costs or other non-recurring costs on a non-discriminatory basis that would not discourage the customer from selecting residential basic service.

(b) An ILEC-ELEC shall not require an existing or prospective basic service customer to waive, release, or otherwise relinquish any rights or remedies under the En 400 rules or the statutes implemented by these rules, including, but not limited to, the right to submit a complaint to the department pursuant to En 410.05.

(d) An ILEC-ELEC that is unable to provide basic service to a current or prospective customer upon application therefor shall comply with the following provisions:

(1) An ILEC-ELEC shall keep a record as to each instance in which it is not able to supply basic service to prospective customers within 10 days following the customer’s application for service;

(2) The record required by (d)(1) above shall be provided to the department on request; and

(3) The record shall include:

a. The name, address, and telephone number of each applicant who was not provided service within 10 days;

b. The date of application for service;

c. The class of service applied for; and

d. The reason the ILEC-ELEC was unable to provide service within 10 days of the customer’s application.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 410.04 ILEC-ELEC Discontinuations of Basic Service {#sec-en-410.04 omnilex-key=us-nh-regs-official--agency-en--En 410.04}

(a) An ILEC-ELEC shall not discontinue residential basic service in any portion of its franchise area without department authorization.

(b) For purposes of this section, “discontinue” means:

(1) Charging discriminatory construction costs or other non-recurring costs that would discourage a customer from selecting residential basic service;

(2) Imposing discriminatory deposit requirements for residential basic service; or

(3) Systematic disconnection of residential basic service.

(c) If an ILEC-ELEC has received notification within the past 60 days from a licensed physician or mental health professional that a medical emergency exists at a customer’s location, or would result from the discontinuation of residential basic service to such location, the ILEC-ELEC shall not discontinue service to such customer without department authorization, unless the customer has failed to enter into or comply with an arrangement for repayment of any outstanding balance.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 410.05 Complaints Regarding Basic Service {#sec-en-410.05 omnilex-key=us-nh-regs-official--agency-en--En 410.05}

The department shall accept and resolve complaints from ILEC-ELEC customers regarding basic service.

Part En 411 REPORTS AND FILINGS APPLICABLE TO VoIP SERVICE OR AN IP-ENABLED SERVICE

N.H. Code Admin. R. Ann. En 411.01 Applicability {#sec-en-411.01 omnilex-key=us-nh-regs-official--agency-en--En 411.01}

This section shall apply to VoIP service as defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7, I(e) that provides the voice capabilities described in RSA 362:7(d)(1) and (3), other than a cellular mobile radio communications service provider or any entity to which RSA 363:2, I(c) applies.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 411.02 Due Annually {#sec-en-411.02 omnilex-key=us-nh-regs-official--agency-en--En 411.02}

(a) Form T-1 “Contact and Trade Name Information” dated 10/2025 shall be completed and filed by the entities identified in En 411.01 on or before March 31 of each year, and shall cover the most recent calendar year.

(b) Form T-2A “Assessment Report” dated 6/2024 shall be completed and filed by the entities identified in En 411.01 on or before March 31 of each year, and shall cover the most recent calendar year.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES: 10-29-35

Part En 413 Registration of Telecommunications Carriers for Recognition of Rights and Obligations Under Federal Law

N.H. Code Admin. R. Ann. En 413.01 Definitions {#sec-en-413.01 omnilex-key=us-nh-regs-official--agency-en--En 413.01}

For purposes of this section:

(a) “Exchange” means any of the discrete geographical areas within New Hampshire for which the North American Numbering Plan Administration (NANPA) allocates blocks of telephone numbers;

(b) “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in form or content of the information as sent and received;

(c) “Telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used; and

(d) “Telecommunications carrier” means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 413.02 Registration {#sec-en-413.02 omnilex-key=us-nh-regs-official--agency-en--En 413.02}

(a) A telecommunications carrier may register with the department by completing and filing Form TC-1 “Registration as a Telecommunications Carrier” dated 6/2024, available at the department website at https://www.energy.nh.gov/utilities-providers/information-telecommunications-providers in order to obtain evidence of its rights and obligations under the Communications Act of 1934, as amended.

(b) The department shall register a telecommunications carrier upon receipt of a form TC‑1 which the department determines is complete.

(c) A registered telecommunications carrier that ceases providing telecommunications services in New Hampshire shall notify the department in writing or by completing and filing the Form TC-2 “Withdrawal of Registration as a Telecommunications Carrier in New Hampshire” dated 6/2024, of such cessation by signing and certifying as follows:

“I certify that the company on whose behalf this application is submitted seeks to have its registration as a provider of telecommunications services in New Hampshire withdrawn. I am aware that said company may offer telecommunications services in New Hampshire without any such registration, and that a lack of registration may result in some inconvenience in asserting rights available to telecommunications carriers. I make this certification subject to the penalty for making unsworn false statements under RSA 641:3.”

(d) If the department determines that a telecommunications carrier is no longer providing telecommunications service in New Hampshire, as a result of such notification or by other means, the department shall terminate the registration of the telecommunications carrier.

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 413.03 Requests For Numbering Resources {#sec-en-413.03 omnilex-key=us-nh-regs-official--agency-en--En 413.03}

At the time and in the event a registered telecommunications carrier requests numbering resources from the North American Numbering Plan Administration, the carrier shall comply with requirements for obtaining numbering resources established pursuant to 47 C.F.R. §52.15 and shall provide the department the following information:

(a) For initial requests for numbering resources in an exchange, evidence that the carrier will be capable of providing service within 60 days of the numbering resources activation date with facilities that are:

(1) Physically located in the exchange;

(2) Used to provide service to customers located in the exchange; and

(3) Owned by the telecommunications carrier or a specified retail partner; and

(b) For requests for numbering resources in an exchange in which the carrier has previously obtained numbering resources, evidence that:

(1) It has utilized at least 75% of the numbering resources in its possession in the exchange; and

(2) Its existing supply of numbering resources will be exhausted within 6 months by customers located in the exchange.

APPENDIX A

Rule

Specific State Statute the Rule Implements

En 401.01

RSA 12-P:5, IV; RSA 374:3

En 401.02

RSA 12-P:5, IV; RSA 374:3

En 402.01

RSA 12-P:5, IV; RSA 374:1; RSA 374:3

En 402.02

RSA 12-P:5, IV; RSA 374:22-p

En 402.03

RSA 12-P:5, IV; RSA 374:3

En 402.04

RSA 12-P:5, IV; RSA 374:3

En 402.05

RSA 12-P:5, IV; RSA 374:3

En 402.06

RSA 12-P:5, IV; RSA 374:3

En 402.07

RSA 12-P:5, IV; RSA 374:1; RSA 374:3

En 402.08

RSA 12-P:5, IV; RSA 374:3

En 402.09

RSA 12-P:5, IV; RSA 374:3

En 402.10

RSA 12-P:5, IV; RSA 362:7(c)

En 402.11

RSA 12:P:5, IV; RSA 362:7(b); RSA 374:3; RSA 378:18-b; 47 USC 251(h)

En 402.12

RSA 12:P:5, IV; RSA 362:7(b); RSA 362:7(c); 47 USC 251(h)

En 402.13

RSA 12-P:5, IV; 362:7(b); RSA 362:7(c); 47 USC 251(h)

En 402.14

RSA 12-P:5, IV; 47 CFR 64.1330(b)

En 402.15

RSA 12-P:5, IV; RSA 362:2; 47 CFR 64.1330(b)

En 402.16

RSA 12-P:5, IV; RSA 374:1; RSA 374:3

En 402.17

RSA 12-P:5, IV; RSA 374:22-g; 47 USC 153(44)

En 402.18

RSA 12-P:5, IV; RSA 374:3

En 402.19

RSA 12-P:5, IV; RSA 374:1; RSA 374:3

En 402.20

RSA 12-P:5, IV; 47 USC 225(b)

En 402.21

RSA 12-P:5, IV; 362:2; RSA 362:7

En 402.22

RSA 12-P:5, IV; RSA 374:1-a; RSA 374:28-a

En 402.23

RSA 12-P:5, IV; RSA 362:2; RSA 362:7

En 403.01

RSA 12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3

En 403.02

RSA 12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3

En 404.01

RESERVED

En 404.02

RSA 12-P:5, IV; RSA 374:3; RSA 374:22

En 404.03

RSA 12-P:5, IV; RSA 374:3; RSA 374:22

En 404.04

RSA 12-P:5, IV; RSA 363-A:2

En 404.05

RESERVED

En 404.06

RSA 12-P:5, IV; RSA 374:3; RSA 378:1-a

En 404.07

RSA 12-P:5, IV; RSA 374:3; RSA 374:1

En 404.08

RSA 12-P:5, IV; RSA 365:6; RSA 374:4; RSA 374:18

En 404.09

RSA 12-P:5, IV; RSA 374:3

En 404.10

RSA 12-P:5, IV; RSA 362:7, III(e); RSA 374:1-a; RSA 374:3; RSA 374:59

En 404.11

RSA 12-P:5, IV; RSA 374:1-a; RSA 374:59

En 404.12

RSA 12-P:5, IV; 47 CFR 64.1330

En 405

RESERVED

En 406.01

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a, VIII

En 406.02

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a

En 406.03

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a

En 407.01

RSA 12-P:5, IV; 47 USC 251(a); RSA 374:1; RSA 374:3; RSA 374:4

En 407.02

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a)

En 407.03

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a)

En 407.04

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a)

En 407.05 (a) and (b)

RSA 12-P:5, IV RSA 374:1-a; RSA 374:59

En 407.06

RSA 12-P:5, IV RSA 374:22-p; 47 CFR 64.2301-2345

En 408.01

RSA 12-P:5, IV; RSA 363-A:2 & :4; RSA 374:1; RSA 374:3

En 408.02

RSA 12-P:5, IV; RSA 363-A:2 & :4; RSA 374:1; RSA 374:3; RSA 374:4

En 408.03

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:18

En 408.04

RSA 12-P:5, IV; RSA 91-A

En 409.01

RSA 12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 641.3

En 410.01

RSA 12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3

En 410.02

RSA 12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3

En 410.03 (a), (b) and (c)

RSA 12-P:5, IV; RSA 365:1; RSA 374:22-p, III; RSA 374:59

En 410.04

RSA 12-P:5, IV; RSA 374:22-p, VIII

En 410.05

RSA 12-P:5, IV; RSA 365:1; RSA 374:22-p

En 411.01

RSA 12-P-5, IV; RSA 362:7, I(d)(1) and (3); RSA 363-A:2, I(c) and I(d)

En 411.02

RSA 12-P-5, IV; RSA 362:7, I(d)(1) and (3); RSA 363-A:2, I(c) and I(d)

En 412

RESERVED

En 413.01

RSA 12-P:5, IV; RSA 363-A:2, III; RSA 374:34-a; RSA 374:59, II & III; 47 U.S.C. 224

En 413.02

RSA 12-P:5, IV; RSA 374:34-a; RSA 374:59, II & III; 47 U.S.C. 224

En 413.03

RSA 12-P:5, IV; RSA 374:59, II & III; 47 CFR 52.15

APPENDIX B

DOCUMENT INCORPORATED BY REFERENCE

History

#14015, eff 7-1-24 (see Revision Note at chapter heading for En 400)

N.H. Code Admin. R. Ann. En 406.01 Rules for Telephone Utilities {#sec-en-406.01 omnilex-key=us-nh-regs-official--agency-en--En 406.01}

(a) National Electrical Safety Code, 2023 Edition Available at: http://techstreet.com/ieee for non-member cost of $214 for Secure PDF or $237 for Printed Edition. IEEE Standards Association, 3916 Ranchero Drive, Ann Arbor, MI 48108. Telephone: 1-800-699-9277 or 1-734-780-8000.

Chapter En 500 Rules for Gas Service

Part En 501 Application of Rules

N.H. Code Admin. R. Ann. En 501.01 Application of Rules {#sec-en-501.01 omnilex-key=us-nh-regs-official--agency-en--En 501.01}

(a) En 503 through En 510 shall apply to every utility as defined by En 502.27, with the exception of liquefied petroleum gas ("LPG") operators and landfill gas operators.

(b) En 511 and En 512 shall apply only to landfill gas operators and LPG operators as defined in En 502.13 and En 502.16.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 501.02 Purpose {#sec-en-501.02 omnilex-key=us-nh-regs-official--agency-en--En 501.02}

The purpose of these rules is to implement the department'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

#13796, eff 10-25-23

Part En 502 Definitions

N.H. Code Admin. R. Ann. En 502.01 Check flow {#sec-en-502.01 omnilex-key=us-nh-regs-official--agency-en--En 502.01}

"Check flow" means a flow rate of 15% to 25% of the rated capacity of a meter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.02 Commission {#sec-en-502.02 omnilex-key=us-nh-regs-official--agency-en--En 502.02}

"Commission" means the New Hampshire public utilities commission.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.03 Cubic foot {#sec-en-502.03 omnilex-key=us-nh-regs-official--agency-en--En 502.03}

"Cubic foot" means, for the purpose of measurement of gas to a customer, the amount of gas which occupies a volume of one cubic foot under the conditions existing in the customer's meter as and where installed, provided such meter is not subject to abnormal temperature conditions unless the meter is designed with temperature compensation.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.04 Customer {#sec-en-502.04 omnilex-key=us-nh-regs-official--agency-en--En 502.04}

"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 gas service by a utility.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.05 Department {#sec-en-502.05 omnilex-key=us-nh-regs-official--agency-en--En 502.05}

"Department" means the New Hampshire department of energy.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.06 Economic conservation {#sec-en-502.06 omnilex-key=us-nh-regs-official--agency-en--En 502.06}

"Economic conservation" means conservation activities that cost less to implement than the value of the resources saved.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.07 Fast {#sec-en-502.07 omnilex-key=us-nh-regs-official--agency-en--En 502.07}

"Fast" means greater than plus 2% accuracy.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.08 Gas {#sec-en-502.08 omnilex-key=us-nh-regs-official--agency-en--En 502.08}

"Gas" means any manufactured or natural gas or any combination thereof.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.09 Incident {#sec-en-502.09 omnilex-key=us-nh-regs-official--agency-en--En 502.09}

"Incident" means "incident" as defined in 49 CFR Part 191.3.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.10 Jurisdictional LPG system {#sec-en-502.10 omnilex-key=us-nh-regs-official--agency-en--En 502.10}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.11 Landfill {#sec-en-502.11 omnilex-key=us-nh-regs-official--agency-en--En 502.11}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.12 Landfill gas {#sec-en-502.12 omnilex-key=us-nh-regs-official--agency-en--En 502.12}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.13 Landfill gas operator {#sec-en-502.13 omnilex-key=us-nh-regs-official--agency-en--En 502.13}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.14 LNG {#sec-en-502.14 omnilex-key=us-nh-regs-official--agency-en--En 502.14}

"LNG" means liquefied natural gas.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.15 LPG {#sec-en-502.15 omnilex-key=us-nh-regs-official--agency-en--En 502.15}

"LPG" means liquefied petroleum gas.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.16 LPG operator {#sec-en-502.16 omnilex-key=us-nh-regs-official--agency-en--En 502.16}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.17 Master meter system {#sec-en-502.17 omnilex-key=us-nh-regs-official--agency-en--En 502.17}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.18 Meter {#sec-en-502.18 omnilex-key=us-nh-regs-official--agency-en--En 502.18}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.19 Open flow {#sec-en-502.19 omnilex-key=us-nh-regs-official--agency-en--En 502.19}

"Open flow" means a flow rate of 80% to 120% of the rated capacity of a meter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.20 Peak shaving {#sec-en-502.20 omnilex-key=us-nh-regs-official--agency-en--En 502.20}

"Peak shaving" means the use of fuels and equipment to generate or manufacture gas to supplement the normal supply of pipeline gas during periods of extremely high demand.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.21 Person {#sec-en-502.21 omnilex-key=us-nh-regs-official--agency-en--En 502.21}

"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 does not include a municipality operating a gas system pursuant to RSA 38.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.22 Public place {#sec-en-502.22 omnilex-key=us-nh-regs-official--agency-en--En 502.22}

"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

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.23 Slow {#sec-en-502.23 omnilex-key=us-nh-regs-official--agency-en--En 502.23}

"Slow" means greater than minus 2% accuracy.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.24 Standard gravitational force {#sec-en-502.24 omnilex-key=us-nh-regs-official--agency-en--En 502.24}

"Standard gravitational force" means acceleration at 32.17 feet per second squared.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.25 Total heating value {#sec-en-502.25 omnilex-key=us-nh-regs-official--agency-en--En 502.25}

"Total heating value" means the number of British thermal units (Btu) produced by the combustion, at constant pressure, of the amount of gas which would occupy a volume of one cubic foot at a temperature of 60 degrees Fahrenheit and under standard gravitational force with air of the same temperature and pressure as the gas, when the products of combustion are cooled to the initial temperature of the gas and air, and when the water formed by combustion is condensed to the liquid state.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.26 Turbine meter {#sec-en-502.26 omnilex-key=us-nh-regs-official--agency-en--En 502.26}

"Turbine meter" means an inferential type meter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 502.27 Utility {#sec-en-502.27 omnilex-key=us-nh-regs-official--agency-en--En 502.27}

"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

#13796, eff 10-25-23

Part En 503 Service Provisions

N.H. Code Admin. R. Ann. En 503.01 Measurement of Services {#sec-en-503.01 omnilex-key=us-nh-regs-official--agency-en--En 503.01}

A utility shall charge for all gas sold or transported on a metered basis.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 503.02 Meter Reading {#sec-en-503.02 omnilex-key=us-nh-regs-official--agency-en--En 503.02}

(a) Each service meter of the displacement type shall indicate clearly the cubic feet of gas registered.

(b) When gas is measured under high pressure or when the quantity is determined by calculation from recording devices, the utility shall supply the customer with the information needed to make clear the method by which the quantity is determined.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 503.03 Change in Character of Service {#sec-en-503.03 omnilex-key=us-nh-regs-official--agency-en--En 503.03}

(a) A utility shall provide certain services to its customers when service conditions such as change in pressure or composition of the gas affect or would affect efficiency of operation or adjustment of appliances.

(b) When any change occurs as described in (a) above, a utility shall, without undue delay and without charge, inspect the appliances of its customers and, if necessary, readjust those appliances for the new conditions.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 503.04 Customer Relations {#sec-en-503.04 omnilex-key=us-nh-regs-official--agency-en--En 503.04}

Each utility shall comply with rules governing provision of service to customers contained in En 1200, uniform administration of utility customer relations.

History

#13796, eff 10-25-23

Part En 504 Quality of Gas Service

N.H. Code Admin. R. Ann. En 504.01 Heating Value Requirements {#sec-en-504.01 omnilex-key=us-nh-regs-official--agency-en--En 504.01}

(a) Each utility shall establish its own standard heating value for the gas it furnishes the public. At no time shall the daily average heating value be less than the established standard. The standard adopted by the utility shall be stated in its tariff as required by Puc 504.01(a).

(b) Each utility shall, unless it only takes gas from interstate pipelines, maintain equipment for measuring thermal content as follows:

(1) Each utility shall maintain a standard calorimeter outfit or gas chromatograph for the regular determination of the heating value of gas sold; and

(2) Each utility shall use the manufacturer's recommended procedures as a basis for:

a. Maintaining the accuracy of all calorimeters and gas chromatographs; and

b. The method of measuring heating value tests.

(c) The total heating value of the gas shall be determined at least once daily and more often as is necessary to obtain an accurate record of the average heating value and of the fluctuation in heating value.

(d) Each utility shall provide a definition in its tariff of the methodology used to determine the thermal heating value as required by Puc 504.01(b).

(e) To obtain the monthly average heating value the results of all tests of heating value made on any day during the calendar month shall be averaged, and the average of all daily averages shall be taken as a monthly average.

(f) If a utility's calorimeter or gas chromatograph is of the recording type, its record shall be used in determining the average heating value provided that the recording calorimeter or gas chromatograph is checked at least annually.

(g) Heating value reports shall be made on department "Form E-6, Heating Value and Purity Report," dated October 2023 once a month pursuant to En 509.06.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.02 Purity Requirements {#sec-en-504.02 omnilex-key=us-nh-regs-official--agency-en--En 504.02}

All gas distributed in New Hampshire shall contain not more than 20 grains of total sulphur per 100 cubic feet nor more than one fourth of one grain of hydrogen sulphide per 100 cubic feet. Upon customer request, the utility shall provide the sulphur content for the volume billed.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.03 Pressure Requirements {#sec-en-504.03 omnilex-key=us-nh-regs-official--agency-en--En 504.03}

(a) Pipeline systems containing cast iron segments shall be limited to a maximum pressure of 13.8 inches of water column.

(b) Consistent with system design, the pressure at the outlet of any customer's service meter shall never be:

(1) Less than 4 inches of water column; or

(2) Greater than 13.8 inches of water column, except by written agreement with the customer.

(c) In order to maintain records of pressure, each utility shall maintain in continuous operation a sufficient number of pressure recording devices in each area where the utility maintains a distribution system.

(d) All pressure records obtained under paragraphs (b) or (c) above shall be retained by the utility for at least 5 years and shall be available for inspection by the department.

(e) For pressures at the outlet of any customer's service meter that exceed (b) (2) above, a legible permanent identification that includes the maximum delivery pressure shall be installed at the service meter. If the utility determines that a previously installed identification is not present, the utility shall install a new permanent identification as soon as practicable but no later than 60 days upon discovery of the missing identification.

(f) The utility shall retain a copy of all written customer agreements for the initial installation of any service with delivering pressures greater than 13.8 inches of water column. Such records shall be retained until the service line has been abandoned.

(g) Each utility shall make reports of pressure complaints monthly on department "Form E-8, Monthly Report of Pressure Complaints," dated October 2023 pursuant to En 509.08.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.04 Interruptions of Service {#sec-en-504.04 omnilex-key=us-nh-regs-official--agency-en--En 504.04}

(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 interruptions occur, a utility shall re-establish service within the shortest time practicable consistent with safety.

(d) Each utility shall include in its record of service interruptions the following:

(1) The date and time of interruption;

(2) The approximate number of customers affected;

(3) The date and time of service restoration;

(4) The cause of such interruption when known; and

(5) A description of steps taken to prevent its recurrence.

(e) Each utility shall provide emergency notification of service interruptions to the department as provided in En 504.05(a).

(f) Each utility shall report all service interruptions on department "Form E-23, Monthly Report of Interruptions of Service," dated October 2023, pursuant to En 509.09, once a month, if any interruption occurs.

(g) When service is interrupted to perform work on lines or equipment, such work shall be done at a time causing minimum inconvenience to customers consistent with the circumstances.

(h) Customers seriously affected by interruption to service to perform work on lines or equipment shall be notified in advance, if practicable.

(i) A utility shall provide actual notice of a planned service interruption to any customer of which it has notice whose service will be interrupted and who would encounter a potentially life-threatening situation as a result of a service interruption of the type planned.

(j) Additional requirements shall be contained in En 1203.19.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.05 Emergency Notification {#sec-en-504.05 omnilex-key=us-nh-regs-official--agency-en--En 504.05}

(a) The utility shall notify the enforcement division of the department by telephone when any of the following events occur:

(1) A release of gas from a pipeline, release of LNG or LPG, or release of gas from a LNG or LPG facility that results in:

a. A death;

b. Personal injury necessitating same day professional medical treatment; or

c. Estimated property damage of $5,000 or more;

(2) A fire or an explosion at, or emergency shutdown of, a liquefied natural gas facility, or propane-air facility;

(3) An evacuation of a building conducted by a fire department, utility or other emergency personnel because of the presence of gas in the atmosphere or in, or in the immediate vicinity of, the building;

(4) An unplanned service interruption or gas outage that is expected to result in 50 or more customer outage hours;

(5) A single outage occurring at a state, federal, or municipal facility, hospital, school or other facility in which the public could be affected;

(6) A breach of security or other threat that jeopardizes the operation of a utility's major facilities;

(7) Any exceedance of maximum allowable operating pressure of any duration, including accidental over-pressurizations, consistent with En 506.01(a);

(8) A gas facility-related event, that the utility is aware of or has reason to believe has been or will be reported in the news media, including, but not limited to, a shutdown of a major highway, arterial roadway or rail system, or where a person identified as a news reporter was present;

(9) When the utility confirms that levels of odorant do not meet the requirements of En 506.02(m); or

(10) An event which is significant in the judgment of the utility, even though it is not described above.

(b) A utility shall not be required to determine or document the presence or involvement of gas in any incident or event before notifying the department.

(c) The telephone notification shall be made promptly, but no more than one hour following confirmed discovery by the utility of the event or any incident defined in En 504.06.

(d) The utility shall provide to the department investigator who responds to the call the following information:

(1) Identity of reporting utility;

(2) Name, title, and location of the person reporting the incident and contact information;

(3) Location of the incident including street address and city or town;

(4) Number of known or estimated fatalities and personal injuries, if any;

(5) Type and extent of known or estimated property damage;

(6) Description of the incident or event including any significant facts known by the utility that relate to the cause and resolution of the problem;

(7) Date and hour the incident occurred and was discovered by the utility and, to the extent known, by any other party;

(8) For a service interruption, gas outage, or evacuation of a building, the estimated or known number of people and/or customers affected and the estimated or actual duration of the outage; and

(9) When the Office of Pipeline Safety of the United States Department of Transportation was, or will be, notified of the incident, if applicable.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.06 Incident Reporting {#sec-en-504.06 omnilex-key=us-nh-regs-official--agency-en--En 504.06}

(a) In addition to the emergency notification required in En 504.05, a utility shall also report in writing to the department any incident occurring in connection with its facilities and services, as follows:

(1) In accordance with 49 C.F.R. § 191.9 and § 191.15, a utility shall report to the department, within 20 days following discovery, any incident which the utility shall be required to report to the federal Office of Pipeline Safety, which report shall be made on federal Department of Transportation form PHMSA F 7100.1, which is entitled, "Incident Report - Gas Distribution Systems" as found in Appendix B, and a copy shall be submitted to the department; and

(2) A utility shall report each month, pursuant to En 509.11, the status of any leaks occurring in its gas distribution system.

(b) A utility shall file all reports required pursuant to (a) above.

(c) When additional relevant information is obtained after a report is submitted under this section, the utility shall make a supplementary report to the department conveying this information.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 504.07 Emergency Response {#sec-en-504.07 omnilex-key=us-nh-regs-official--agency-en--En 504.07}

(a) For any utility that serves a single municipality or serves fewer than 2,500 customers, emergency response times shall be limited to within 30 minutes.

(b) Reports on emergency response times shall be submitted as follows:

(1) For any response time in excess of 30 minutes, the utility shall report the amount of time it took to arrive at the location of the report of gas odor, the location of the report of gas odor, and a detailed explanation for its failure to respond to the location within 30 minutes and preventive measures taken to limit potential future exceedances; and

(2) On a monthly basis the utility shall report the number of gas odors responded to, leaks and other unplanned releases of gas responded to, and any other emergency responses. The report should include the date, time and location of emergency response and reason for emergency response.

History

#13796, eff 10-25-23

Part En 505 Meter Installation, Accuracy and Testing

N.H. Code Admin. R. Ann. En 505.01 Meter Installations {#sec-en-505.01 omnilex-key=us-nh-regs-official--agency-en--En 505.01}

(a) Unless it obtains a waiver from the department pursuant to En 201.05, each utility shall provide and install at its own expense and shall continue to own, maintain, and operate, all equipment necessary for the regulation and measurement of gas to its customers.

(b) When additional meters or increased pressures at the meter outlet, exceeding those required by En 504.03, are furnished by the utility at the request of a customer, a charge for such meters, equipment and the labor to install them may be made to the customer consistent with the utility's tariff.

(c) Meter installations shall be protected from anticipated or potential dangers, including but not limited to vehicles, ice, snow, flooding, or corrosion.

(d) 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 department. The department shall approve such service only if the department finds the service to be consistent with safe and reliable service requirements set forth in these rules.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.02 Inspection of Meters {#sec-en-505.02 omnilex-key=us-nh-regs-official--agency-en--En 505.02}

(a) Each utility shall take all necessary steps to have each of its meters accurately measure the flow of gas.

(b) All new meters shall be inspected for measurement accuracy before being installed on a customer's premises.

(1) Inspected for measurement accuracy; and

(2) Repaired by replacing worn or damaged parts.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.03 Test and Calibration of Meters {#sec-en-505.03 omnilex-key=us-nh-regs-official--agency-en--En 505.03}

(a) Each utility shall test all meters for accuracy at both check flow and open flow, as found, prior to adjustment or repair, except for meters removed from service specifically for known leakage, damage, tampering, or non-registration, and meters that have been selected for retirement.

(b) Each utility shall monitor those meters which have been removed from service specifically for known leakage, damage or non-registration on an annual basis to identify problems with certain meter types or manufacturer.

(c) Each utility shall calculate meter accuracy by adding open flow accuracy and check flow accuracy, and dividing the sum by 2.

(d) Each utility shall maintain records for each group of meters and shall include in such records the meter accuracy rates for each group for the previous calendar year.

(e) The established meter groups identified in Table 505-1 shall be tested under this part as follows:

Table 505-1 Established Meter Groups

GROUP

TYPE

CAPACITY

Diaphragm

0 to 500 cubic feet per hour (CFH)

Diaphragm

Greater than 500 CFH

Rotary

All

Turbine

All

Ultrasonic

All

(f) Utilities shall divide the meter accuracy data into 3 accuracy categories, each expressed as a percentage of the total number of meters in a group, as follows:

(1) Slow meters;

(2) Those meters with an accuracy rate of plus or minus 2 percent; and

(3) Fast meters.

(g) When calculating the accuracy categories for (f)(1) through (3) above, the utility shall round the result up to the next whole number.

(h) When a remote meter read device is utilized, the utility shall verify the accuracy of the remote read device whenever the meter is removed from service.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.04 Test Schedule for Gas Meters {#sec-en-505.04 omnilex-key=us-nh-regs-official--agency-en--En 505.04}

(a) Utilities shall not be required to test meters with a purchase year which indicates an age of 10 years or less provided that the meters belong to a group identified in En 505.03(e) demonstrating an accuracy rate of 96 percent or better, and the utility has the manufacturer's proof test on file.

(b) Each utility shall, on an annual basis, calculate an accuracy rate for each group of meters identified in Table 505.1 of En 505.03(e) by calculating the percentage of slow, fast and accurate meters in the group for purposes of determining the number of meters to be brought in for testing in the subsequent year.

(c) Each utility shall, on an annual basis, examine the previous year's tested meter accuracy data for each group of meters identified in Table 505.1 of En 505.03(e) to determine the sampling plan for the current year.

(d) Each utility shall use accuracy data derived in the previous year's testing for the establishment of the minimum quantity of meters to be tested per group for the current year.

(e) The applicable accuracy rate shall determine the minimum number of meters to be tested according to Table 505-2 as follows:

Table 505-2 Minimum Number of Meters to be Tested at Accuracy Rates

per Group Identified in En 505.04(d)

Number of Meters

Active in Meter Group

Accuracy Rates

96 to 100%

93 to 95%

90 to 92%

87 to 89%

less than 87%

2 to 8

Testing as provided in En 505.04(g)

9 to 15

16 to 25

26 to 50

51 to 90

91 to 150

151 to 280

125

281 to 500

125

200

501 to 1,200

125

200

500

1,201 to 3,200

125

200

500

1,000

3,201 to 10,000

200

500

1,000

2,000

10,001 to 35,000

500

1,000

2,000

3,000

35,001 to 100,000

1,000

2,000

3,000

4,000

Greater than 100,000

(f) For any group of meters with accuracy rates of 95% or less, the utility shall randomly select the meters to test as follows:

(1) The utility shall select 80% of those meters for testing from the group of meters that have operated for the longest period of time without being tested; and

(2) The utility shall select 20% of those meters for testing from the group of meters removed from service for non-use or load change.

(g) For any group of meters with accuracy rates of 87% or less, the utility shall attempt to determine the defect responsible for failure and, if the utility cannot identify the defect, or, if the defect is due to the manufacturer, the entire group of meters shall be removed from service.

(h) Utilities shall conduct calibration and accuracy tests of rotary and turbine meters either in the field or at a meter shop and in accordance with manufacturer-recommended procedures and performance standards.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.05 Customer Requested Tests {#sec-en-505.05 omnilex-key=us-nh-regs-official--agency-en--En 505.05}

(a) When a customer requests a meter test, a utility shall follow the following procedures:

(1) The utility shall test the accuracy of the customer's meter within 15 days from the time the request is made;

(2) If the meter has been tested at no charge during the preceding 6 months, a utility may require the deposit of a fee in an amount as specified in the utility's current tariff for such a test;

(3) If upon testing the meter is found to be in error by more than 2%, the deposit shall be promptly refunded;

(4) If the meter is not found to be in error by as much as 2%, the utility may retain the amount deposited for the test;

(5) A customer may be represented in person or by an agent when the utility conducts the test of the customer's meter; and

(6) 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 and the serial number of the meter;

d. The date tested; and

e. The result of the test.

(b) When a customer makes written application to the department for testing of a meter, the following shall occur:

(1) The department staff shall arrange to have the meter tested in staff's presence, as soon as practicable; and

(2) The utility, when notified of a customer application for a meter test as herein provided, shall not knowingly remove, interfere with, or adjust the meter to be tested without the written consent of the customer and approval by the department for a waiver pursuant to En 201.05.

(c) Reports of periodic tests of meters shall be submitted on a Form E-7, pursuant to En 509.07, once a year. Reports of requests for tests shall be submitted to the department on Form E-24, pursuant to En 509.10, once a month.

(d) The utility shall retain a complete record of the last test made on a meter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.06 Customer Bill Adjustments {#sec-en-505.06 omnilex-key=us-nh-regs-official--agency-en--En 505.06}

(a) When a customer's meter or remote read device has been found to be fast or slow, as a result of a meter test made by or on behalf of the utility and at the request of the customer, an adjustment shall be made to the customer's bill.

(b) If the meter or remote read device is found to be a fast meter, the utility shall refund to the customer an amount equal to no less than the charges billed for the excess gas over the previous 24 months of billing.

(c) If the meter or remote read device is found to be a slow meter, the utility shall bill the customer for no more than the unbilled gas supplied during the previous 6 months.

(d) If the meter or remote read device is found to not be registering usage, the utility shall bill the customer for no more than the gas it determines the customer used during the previous 6 months. Determination of gas used shall be based upon information recorded by the meter prior or subsequent to the period of non-registration and on any other pertinent information supplied by the customer or known to the utility.

(e) If a meter is determined to have been assigned to the wrong customer and the customer has been billed based on usage recorded on a meter connected to residential or commercial space not occupied by the customer, the utility shall correct the billing to the affected customers as follows:

(1) For customers who have been underbilled, invoices for the billing difference shall cover the customer's period of occupancy or 6 months, whichever is shorter; and

(2) For customers who have been overbilled, refunds of the billing difference shall cover the period of occupancy or 24 months, whichever is shorter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 505.07 Testing Facilities and Equipment {#sec-en-505.07 omnilex-key=us-nh-regs-official--agency-en--En 505.07}

(a) Each utility shall maintain the equipment and facilities necessary for accurately testing all types and sizes of meters employed for the measurement of gas to its customers, unless the department finds that alternate arrangements made to have such testing done elsewhere will provide equivalent protections to customers.

(b) Meter provers used by the utility or its agent for the testing of meters shall be of a type recommended by the manufacturer and of a capacity of not less than 5 cubic feet.

(c) Each meter prover shall be supplied with accessories needed for accurate meter testing and shall be located in a room suitable for the work to be done.

(d) The utility shall maintain, or cause to have maintained on its behalf, the meter prover in good condition and correct adjustment so that it can determine the accuracy of any gas meter to within 1/2 of one percent.

History

#13796, eff 10-25-23

Part En 506 Equipment and Facilities

N.H. Code Admin. R. Ann. En 506.01 Pipeline Safety Standards {#sec-en-506.01 omnilex-key=us-nh-regs-official--agency-en--En 506.01}

(a) All utilities including those with propane storage facilities shall comply with those pipeline safety regulations established by the United States Department of Transportation which are set forth in 49 C.F.R. Parts 191, 192, 193, 198 and 199, including future amendments thereto.

(b) Where En 500 or En 800 establishes more stringent safety-related requirements than those pipeline safety regulations adopted pursuant to (a) above, the more stringent requirement set forth in En 500 or En 800 shall apply.

(c) Only an individual who meets operator qualifications in accordance with 49 C.F.R. Part 192, Subpart N shall perform an activity which:

(1) Is performed on a pipeline facility, whether new or existing;

(2) Is an activity involving operations, maintenance or new construction;

(3) Is performed as a requirement of this part; and

(4) Affects the operation or integrity of the pipeline.

(d) Utilities shall ensure and document that welders performing welding work on utility pipeline facilities are qualified, as follows:

(1) No utility shall permit a welder to make any pipeline weld unless the welder has qualified by destructive testing within the preceding 63 months, but at least once every 5 calendar years in accordance with 49 C.F.R. § 192.7 and Appendix C to Part 192;

(2) Utilities shall verify that any welder originally qualified under an earlier edition of Section 6 of American Petroleum Institute Standard 1104, Welding of Pipelines and Related Facilities (API 1104), as referenced in 49 C.F.R. § 192.7, as found in Appendix B, shall be certified by the referenced edition;

(3) En 506.01(d)(1) and (2) shall not apply to those portions of LNG facilities or propane storage facilities that are not subject to 49 C.F.R. Part 192; and

(4) No utility shall permit a welder to weld with a particular welding process unless the welder has engaged in welding with that process within the preceding 6 calendar months. Utilities shall verify that a welder who has not engaged in welding with that process within the preceding 6 calendar months is requalified for that process as set forth in (1) and (2) above.

(e) In addition to the above requirements, the operator shall ensure that all welds are visually inspected by a welding inspector qualified in accordance with API 1104, section 8.3, and that welds are evaluated consistent with API 1104, section 9, as referenced in 49 C.F.R. § 192.7.

(f) For projects that include welds on any pipeline main or transmission line operating at pressures greater than 60 pounds per square inch gauge (psig), or welds at a service and main interface or a service and transmission line interface operating at such pressures, or any welding project involving a pressure regulator station, the operator shall:

(1) Conduct a non-destructive field test on at least 10 percent of welds completed for a project that consists of at least 10 welds; or

(2) Conduct a non-destructive field test on at least one weld for projects that include 5 to 9 welds.

(g) Non-destructive tests shall include but not be limited to radiographic, magnetic particle, liquid penetrant, or ultrasonic tests, but shall not include visual inspection, and shall be evaluated using the criteria set forth in API 1104, section 9, as referenced in 49 C.F.R. § 192.7.

(h) If any weld fails a non-destructive test, that weld shall be repaired and retested, and the utility shall perform non-destructive tests on no less than 50 percent of all welds for that project. Upon additional failures, the utility shall repair the failed welds and perform non-destructive tests on 100 percent of all welds for that project.

(i) En 506.01(e), (f), (g) and (h) shall not apply to those portions of LNG facilities or propane storage facilities that are not subject to 49 C.F.R. Part 192.

(j) "Inspection of materials" as required by 49 C.F.R § 192.307 and "Repair of pipe" as required by 49 C.F.R § 192.311 shall be applicable to all plastic pipelines including services.

(k) A utility shall ensure the periodic inspection and calibration of all equipment, used in construction, operations, and maintenance activities where improper calibration or failure to inspect could impact its performance. Equipment calibrations shall be in accordance with the frequencies defined in the manufacturers' procedures and specifications.

(l) Utilities shall have the means to verify calibrations of all such equipment covered under (k) above in the field upon the request of the enforcement division of the department.

(m) Whenever conditions permit, gas service lines installed after July 1, 2013 shall be installed with a cover of not less than 18 inches above the top of the pipe, except where interference with other sub-surface structures or the insertion of previously installed service lines makes it impracticable to maintain this depth of cover. In such cases, applicable protective devices such as steel plating or concrete padding shall be installed. Installation of protective devices shall be documented and records kept for the life of the pipeline.

(n) Utilities shall not install or operate a gas regulator that could release gas closer than 3 feet to a source of ignition, an opening into a building, an air intake into a building or any electrical source not intrinsically safe, as follows:

(1) The 3-foot clearance from a source of ignition shall be measured from the vent or source of release such as a discharge port, not from the physical location of the meter set assembly; and

(2) For encroachment within the required 3-foot clearance caused by an action of the property owner or occupant after the initial installation, the encroachment shall be resolved by extending the regulator vent to meet this requirement within 90 days of discovery.

(o) Pipelines shall be laid on continuous bedding consisting of suitable rock free materials or well compacted soil as follows:

(1) If piping is to be laid in soils which may damage the piping, the piping shall be protected before back-filling is completed;

(2) Plastic piping shall not be supported by blocking; and

(3) Well tamped earth or other continuous support shall be used.

(p) Gate stations and district regulating stations that utilize regulator(s) to provide the primary means of overpressure protection shall be designed and installed to incorporate equipment that indicates the station outlet pressure and confirms the proper operation of the regulator(s) as follows:

(1) Such equipment may include telemetering equipment that communicates with central SCADA systems, local chart or digital pressure recorders or other local indicator;

(2) When the operator chooses to use a pressure gauge as the separate device to comply with this section, the pressure gauge shall have the capability to record the high pressure, such as a recording chart or tattle-tale needle, but a standard sight gauge shall not be deemed adequate for this purpose; and

(3) Utilities shall inspect pressure regulating stations monthly to ensure proper operation and to confirm the proper operation of the regulating equipment.

(q) Each customer meter, gas regulating station, or any above-ground gas transporting facility shall be permanently marked to identify the operator's name.

(r) Gas regulating stations and above-ground gas transporting facilities shall be permanently marked to identify the operator's contact information for emergencies.

(s) Marking of facilities under (q) and (r) above shall be accomplished by metal signs, line markers, plastic decals, or other appropriate means.

(t) Each single fed distribution system shall be equipped with telemetering or recording pressure gauge or gauges as may be required to properly indicate the gas pressure in the system at all times, in accordance with the following:

(1) At least once each year the pressure variation shall be determined throughout each system; and

(2) Telemetering shall be the sole method used to properly indicate the gas pressure at all times for each single fed distribution system when the following conditions are present:

a. The single fed distribution system serves more than 150 customers; or

b. The downstream temperature on the outlet side of the pilot operated pressure regulator(s) is predicted to be lower than 32 degrees Fahrenheit and no system pre-heat or regulator pilot heat is installed.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 506.02 Construction, Operations and Maintenance {#sec-en-506.02 omnilex-key=us-nh-regs-official--agency-en--En 506.02}

(a) Except as established herein or by municipal regulations that are more stringent than the state or federal requirement, each utility shall construct, install, operate and maintain its plant, structures, equipment and gas pipelines:

(1) In accordance with all applicable federal and state requirements, including but not limited to the requirements of the "Utilities Accommodation Manual," February 2010 edition, of the New Hampshire state department of transportation adopted by the commissioner pursuant to the powers granted under RSA 228:21, which establishes uniform practice regarding the accommodation of utilities within state highway rights-of-way;

(2) After weighing all factors, including potential delay, cost and safety issues in such a manner to best accommodate the public, giving particular weight to safety issues that affect the public; and

(3) To prevent potential interference with service furnished by other utilities including electric, telephone, water, sewer, steam and other underground or above ground facilities.

(b) Pipelines shall be laid at least 12 inches away from any other underground structure unless such clearance cannot be achieved in which case they shall be laid in proximity with other underground structures as is consistent with good engineering practice. Clearances less than 12 inches shall be documented and records kept for the life of the pipeline.

(d) Written construction procedures shall include specific provisions for directional drilling and other trenchless technology installation methods that minimize the potential damage to gas pipelines and other underground facilities as listed in (a)(3).

(e) Gas pipelines, including new proposed construction or replacements, that are to be operated at a pressure greater than 60 pounds per square inch gauge shall not be installed under roads, public waters or railroad crossings without notification to the department's enforcement division at least 10 days prior to construction of the crossing and vicinity.

(f) The utility shall avoid any interfering structure which provides a space in which a substantial accumulation of explosive mixture might accumulate in the event of a leak. Preference shall be given to crossing over rather than under such structure but minimum cover requirements shall be maintained. In those situations where minimum cover cannot be maintained, applicable protective devices such as steel plating or concrete padding shall be installed. Installation of protective devices shall be documented and records kept for the life of the pipeline wherever possible.

(g) Each utility shall design and install all electrical wire fixtures and devices in accordance with the National Electric Code as adopted by RSA 155-A:1, IV.

(h) All meter and regulator station buildings shall be provided with permanent natural draft ventilating devices sufficient to accomplish an average of 5 changes of air per hour.

(i) Each utility shall comply with the requirements for purging pipelines established by the Purging Principles and Practice, 2001 edition, of the American Gas Association, as described in Appendix B.

(j) Within 2 years of a meter being continuously locked or removed, the utility shall disconnect from the main and abandon all gas service lines with the exception of cathodically protected or plastic gas service lines which shall be disconnected from the main and abandoned within 10 years of the meter being continuously locked or removed.

(k) All utilities shall map in their mapping system any main that is abandoned after February 1, 2005.

(l) All utilities shall maintain records of any service line that has been abandoned after February 1, 2005.

(m) All combustible gases transported or distributed by a pipeline shall have a distinctive odor of sufficient intensity so that at a concentration of one-fifth of the applicable lower explosive limit, in accordance with Table 508-1, is readily perceptible to the normal or average olfactory sense of a person coming from fresh, uncontaminated air into a closed room.

(n) Whenever necessary to maintain the level of odorization intensity described in (m) above, a suitable odorant shall be added in accordance with the following specifications:

(1) The odorant shall be harmless to humans, non-toxic, and shall be non-corrosive to steel, iron, brass, and plastic or any other material used by the utility in handling gas;

(2) The odorant shall not be soluble in water to an extent greater than 2.5 parts by weight of the odorant to 100 parts by weight of water;

(3) The products of combustion from the odorant shall be non-toxic to a person breathing air containing these products of combustion and shall not be corrosive or harmful to material which normally would be exposed to such products;

(4) Equipment for introduction of the odorant into the gas shall be so designed and so built as to avoid wide variation in the level of odor in the gas;

(5) The equipment and facilities for handling the odorant shall be located where the escape of odorant would not be a nuisance; and

(6) At least 12 times per calendar year, at intervals not exceeding 45 days, each utility shall sample gas distributed at places downstream of all injection points to assure the presence of odorant in a concentration that is in accordance with (m) above. This testing of samples shall be conducted using equipment manufactured specifically for odorant testing, calibrated per manufacturer's instructions and at locations equivalent to the further points from the source or system extremities of each pressure system. Each utility shall have the capability of promptly injecting odorant if the odorant levels are detected below those of (m) above.

(o) The utility shall provide, upon the request of the department, written verification that the pipeline has been constructed and tested in accordance with all applicable federal and state requirements. Verification documentation shall be maintained for the life of the pipeline segment constructed and tested. A recordable device shall be used for documentation.

(p) The verification required in (o) above shall include, at a minimum, the following information:

(1) Test pressure;

(2) Duration of test;

(3) Test date;

(4) Type of test, such as hydrostatic/air;

(5) Normal and maximum operating pressure to which the pipeline will be subjected;

(6) Material type and fitting type, including specification, tested;

(7) Individual company performing test; and

(8) Location of beginning of segment tested and location of end of segment tested.

(q) The utility shall submit to the department a supplemental verification, including figures and maps, as appropriate, whenever:

(1) Any change of 10% or more is made in the operating pressure; or

(2) Any change in location is made to the pipeline because of road relocations.

(r) Operating and maintenance procedures and emergency plans shall be documented according to a plan as follows:

(1) Each utility shall establish a written operating and maintenance plan pursuant to 49 C.F.R. § 192.603 including the criteria set forth in 49 C.F.R. § 192.605;

(2) Each utility shall establish a written emergency plan pursuant to 49 C.F.R. § 192.615;

(3) Each utility shall file with the department its plans together with any subsequent amendments;

(4) Each utility shall operate, inspect and maintain its system in accordance with its plans; and

(5) Each utility shall inspect any new construction by outside contractors that is or will be incorporated into the utility's system to verify that the resulting installation meets company specifications.

(s) Each utility shall develop and maintain a written security plan outlining actions necessary to protect the utility's facilities from breaches of security or sabotage, and outlining actions to be taken as required by Homeland Security Presidential Directive-3 and any subsequent modifications, pursuant to Public Law 107-56, October 26, 2001, as follows:

(1) The written security plan shall include preventive measures that address supervisory control and data acquisition (SCADA) systems, control centers and systems, and critical supply locations, as well as cyber security considerations;

(2) The utility shall permit the department's enforcement division and the commission to review the written security plan on utility premises; and

(3) The utility shall provide the department with a confidential copy of the security plan upon request.

(t) Integrity management plans for transmission and distribution systems, public awareness plans, and operator qualification plans, shall be documented as follows:

(1) Each utility shall establish plans pursuant to 49 C.F.R. § § 192.901, 192.1003, 192.616, 192.801 and En 506.01(c);

(2) Each utility shall file with the department its plans together with any subsequent amendments or revisions;

(3) Each utility shall design, construct, test, operate, inspect and maintain its system in accordance with its plans; and

(4) Integrity management plans shall address any applicable Federal Advisory Bulletins issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and any results of failure investigations as required by 49 C.F.R. § 192.617.

(u) All operator qualification plans shall list all covered tasks and include specific abnormal operating conditions for each task. All operator qualifications covered tasks shall be cross referenced with applicable construction standards or specifications or applicable operation and maintenance activities including emergency response.

(v) Construction quality assurance plans shall be written, followed and documented as follows:

(1) Each utility shall inspect any new construction by outside contractors that is or will be incorporated into the utility's system to verify that the resulting installation meets company specifications;

(2) A representative number of field verification audits shall be conducted after field work is completed for specific tasks;

(3) Performance audits shall be conducted to evaluate a representative sample of various tasks during the actual time that the work is being performed by the employee or contractor;

(4) Construction inspections shall be conducted frequently enough to encompass most of the new facility installation and repairs that are done on the utility system;

(5) Detailed forms shall incorporate activity checklists prepared to cover normal work activities for evaluation or inspection of specified field work and construction;

(6) Audits of employees and crews shall be conducted by management personnel, for example, supervisors, engineers, to ensure that all personnel have reviewed the quality assurance plan and that all construction work is inspected on a regular basis; and

(7) Utilities shall take remedial action within 3 months to correct, or make substantial progress toward correction of, any deficiencies indicated by construction quality assurance audit and inspection findings.

(w) Each utility shall take remedial action within 3 months to correct, or make substantial progress toward correction of, any deficiencies indicated by monitoring of cathodically protected pipelines in accordance with 49 C.F.R. Part 192 Subpart I.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 506.03 On-site Storage {#sec-en-506.03 omnilex-key=us-nh-regs-official--agency-en--En 506.03}

(a) Unless separately addressed in a utility's integrated resource plan as defined in Puc 508.01(e), and approved by the commission , each utility shall determine its maximum projected design week demand based on the coldest historical consecutive 7-day period, otherwise known as the 7-day design demand, and determine the amount of firm gas supply to be furnished by natural gas pipeline deliveries and on-site storage inventory, if any, necessary to satisfy the 7-day design demand.

(b) In connection with the operation of its peak shaving facilities, each utility shall retain a minimum on-site storage inventory volume for peak-shaving between December 1 and February 14 of each year that is equivalent to the volume of on-site storage inventory deemed necessary to satisfy the 7-day design demand as determined in (a) above.

(d) A utility may count as on-site storage 70% of the guaranteed daily delivery capability over a 5-day period from a firm bulk fuel supply point or off-site storage facility for any situation in which the utility:

(1) Owns or leases tank trucks;

(2) Has a firm fuel supply purchase contract; or

(3) Has a dedicated supply and delivery service contract.

(e) As of February 15 of each year, the above minimum on-site storage inventory volume may be reduced to 75% of the December 1 requirement above.

(f) As of March 1 of each year, the above minimum on-site storage inventory volume may be reduced to 50% of the December 1 requirement above.

(g) Each utility shall notify the department's enforcement division each week during the period from December 1 through April 1 of its on-site storage inventory levels.

(h) The information required by (d) and (e) above shall be submitted by electronic mail or through the department's electronic report filing system (ERF) on each Tuesday, or the next day following a state holiday.

History

#13796, eff 10-25-23

Part En 507 Records and Reports

N.H. Code Admin. R. Ann. En 507.01 Records in General {#sec-en-507.01 omnilex-key=us-nh-regs-official--agency-en--En 507.01}

All records shall be organized, arranged or prepared to ensure that sufficient data is available to determine the status of compliance with these rules. Records pertaining to the system design or that are necessary for future evaluation of the system's safety shall be retained for the life of the facility involved.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 507.02 Station Records {#sec-en-507.02 omnilex-key=us-nh-regs-official--agency-en--En 507.02}

Each utility shall keep records of the operation of its plant to show the characteristics and performance of each unit.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 507.03 Gas Supply Measurement {#sec-en-507.03 omnilex-key=us-nh-regs-official--agency-en--En 507.03}

(a) Each utility shall install a suitable measuring device at each source of supply in order that a record may be maintained of the quantity produced.

(b) Unless sufficient information is furnished by the utility supplying the gas, each utility purchasing gas shall maintain adequate instruments and meters to obtain complete information as to such purchases.

(1) Determine on a daily basis the quantity of gas supply produced or purchased and received from each source of supply; and

(2) Summarize those quantities each month.

(d) The utility shall record and transmit to the department its 12 month totals of gas supply purchased, produced, and received as part of its annual report pursuant to En 509.02.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 507.04 System Maps {#sec-en-507.04 omnilex-key=us-nh-regs-official--agency-en--En 507.04}

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 its active mains, and its abandoned mains if abandoned after February 1, 2005, including valves;

(b) Size and location of each of its active service lines, and its abandoned service lines if abandoned after February 1, 2005, 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 metering and regulator stations and production plants to show size, location and character of all major equipment, pipe lines, connections, valves and other equipment used.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 507.05 Meter Records {#sec-en-507.05 omnilex-key=us-nh-regs-official--agency-en--En 507.05}

(a) Each utility shall keep numerically arranged and classified records providing the following information for each meter owned and used by the utility for any purpose:

(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 of the last test is readily ascertainable.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 507.06 Reports to Department {#sec-en-507.06 omnilex-key=us-nh-regs-official--agency-en--En 507.06}

(a) The utility shall furnish to the department the results of any required tests and summaries of any required records pursuant to RSA 374:15.

(b) The utility shall also furnish the department 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

#13796, eff 10-25-23

Part En 508 Safety, Accident and Leakage Requirements

N.H. Code Admin. R. Ann. En 508.01 Safety Practices {#sec-en-508.01 omnilex-key=us-nh-regs-official--agency-en--En 508.01}

(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 ensure that its employees have been properly trained in safe practices and are cognizant of all hazards involved.

(c) The instructions, practices, and programs referred to in (a) and (b) above shall comply with the requirements of 49 C.F.R. § 192.605.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 508.02 Resuscitation {#sec-en-508.02 omnilex-key=us-nh-regs-official--agency-en--En 508.02}

(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 safety procedures for resuscitation from electrical shock.

(b) The utility shall instruct all employees engaged in work on gas mains or equipment in procedures to be followed in cases involving asphyxiation or gas poisoning.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 508.03 Accidents {#sec-en-508.03 omnilex-key=us-nh-regs-official--agency-en--En 508.03}

(a) Each utility shall notify the department of any accident, as described in En 504.05(a), pursuant to En 504.05.

(b) A utility shall submit a written report on department "Form E-5G, Utility Accident Report," dated October 2023 pursuant to En 509.05, within 10 working days following the occurrence of any accident involving a release of gas from a pipeline, a release of LNG or LPG, or a release of gas from a LNG or LPG facility in which:

(1) Any person has been killed;

(2) Any person has received an injury which requires same day professional medical treatment;

(3) Any person has received an injury which incapacitates that person from active work for a total of 6 days or more during the 10 days immediately following the accident; or

(4) Any property damage over $5,000 in amount has been caused.

(c) If any event later occurs in connection with an accident which renders an accident reportable under this section or results in an additional reportable occurrence listed in (b)(1) through (4) associated with a report previously submitted, the utility shall submit a new or updated report, as appropriate.

(d) A utility shall submit concurrently to the department a copy of any written accident or incident report submitted to the federal government.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 508.04 Leakage Surveys and Inspections {#sec-en-508.04 omnilex-key=us-nh-regs-official--agency-en--En 508.04}

(a) For purposes of this section, "business districts" means the principle business areas in the urban portion of a community.

(b) The presence of certain factors shall indicate the presence of a business district, as follows:

(1) The general public regularly congregates in this area for economic, industrial, religious, educational, health or recreational purposes;

(2) The majority of the buildings on either side of the street are utilized for commercial, industrial, religious, educational, health or recreational purposes;

(3) Gas facilities are under continuous paving that extends either from the center line of the thoroughfare to the building wall or from the gas main to the building wall; and

(4) Other locations or sites in the urban portion of a community which contain a similar density or mix of buildings and services as provided in (1) through (3) above.

(d) Each utility shall conduct a leakage survey of cast iron main lines in business districts on a repeated basis during the months when frost is in the ground, but not in conjunction with the survey referred to in (c) above.

(e) Each utility shall conduct a leakage survey of all unprotected steel services at least once during each 3-year period and of all protected steel and plastic pipe at least once during each 5-year period.

(f) Each utility shall inspect gas mains once each calendar year in locations or on structures where known physical movement or external loading could cause failure or leakage and shall patrol such locations at least 3 times each calendar year.

(g) A gas detector survey of buildings used for public assembly, including schools, churches, hospitals, theaters, municipal buildings and downtown areas shall be conducted each year during the period March 1 to December 1.

(h) In completing a gas detector survey of buildings used for public assembly, as referred to in (g) above, a utility shall:

(1) Test areas around service entrances, inside the foundation wall, at conduit or cable entrances below grade and at cracks or breaks in the foundation wall where gas seepage might enter the basement; and

(2) Test exposed piping from the service entrance to the outlet side of the meter.

(i) If, when investigating a leak, it is determined that the perimeter of a leak area extends to a building wall, the investigation shall continue into the building unless public safety or identifiable exigent circumstances prohibit entry.

(j) Once public safety or identifiable exigent circumstances no longer prohibit entry, the investigation, as provided in (i) above, shall continue into the building, if the leak has not yet been resolved.

(k) The utility shall establish a leak repair priority based on its evaluation of the location and the magnitude of a leak.

(l) The applicable lower explosive limits (LELs) shall be determined according to Table 508-1 below:

TABLE 508-1

Utility Lower Explosive Limits &

Equivalent Percent Gas/Air Ratios

% LEL

Natural Gas % gas/air

Propane % gas/air

0.5%

0.2%

1.0%

0.4%

1.5%

0.6%

0.8%

1.2%

1.6%

100

(m) A utility shall assign a classification of leaks as follows:

(1) A Class I leak shall be a leak that represents an existing or probable hazard to persons or property, and requires immediate repair within 24 hours or continuous action until the conditions are no longer hazardous, consistent with the following:

a. A Class I leak shall include but not be limited to:

1 Any leak which, in the judgment of operating personnel at the scene, is regarded as an immediate hazard;

2 Escaping gas that has ignited unintentionally;

Any indication of gas, which has migrated into or under a building, or into a tunnel;
Any reading within 5 feet of the outside wall of a building, or where gas would likely migrate to an outside wall of a building;
Any reading of 40% LEL or greater in accordance with Table 508-1, in an enclosed space including but not limited to manholes, vaults, and catch basins;
Any leak that can be seen, heard, or felt, and which is in a location that may endanger the general public or property; and
Any leak in a small substructure, which shall include but not be limited to conduits, pipes, pedestals and other small enclosures, when a sustained combustible gas indicator reading of 70% LEL or greater in accordance with Table 508-1 is measured; and

b. In the event of a Class I leak, the utility shall take action immediately to eliminate the hazard and make repairs, including, as necessary, one or more of the following actions:

Implementation of an emergency plan;
Evacuation of premises;
Blocking off an area;
Rerouting traffic;
Elimination of sources of ignition;
Venting the area by removing manhole covers, barholing, installing vent holes, or other means;
Stopping the flow of gas by closing valves or other means; or
Notification to emergency responders;

(2) A Class II leak shall be a leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair within 6 months or before the end of the calendar year based on probable future hazard of any degree, evaluated as follows:

a. When evaluating Class II leaks, each operator shall consider criteria such as the following:

The amount and migration of gas;
The proximity of gas to buildings and subsurface structures;
The extent of pavement, including wall-to-wall paving that includes areas covered in gravel or grass; and
Soil type and conditions, such as frost cap, moisture, and natural venting;

b. A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of 40% LEL or greater in accordance with Table 508-1 is measured under a sidewalk in a wall-to-wall paved area that does not qualify as a Class I leak;

c. A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of 100% LEL or greater in accordance with Table 508-1, is measured under a street in a wall-to-wall paved area that has significant gas migration and does not qualify as a Class I leak;

d. A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of less than 70% LEL in accordance with Table 508-1 is measured in small substructures. A small substructure shall include but not be limited to conduits, pipes, pedestals and other small enclosures;

e. A leak shall be considered a Class II leak when a sustained combustible gas indicator reading less than 40% LEL in accordance with Table 508-1 is measured in a confined space including but not limited to manholes, vaults, and catch basins;

f. A leak shall be considered a Class II leak when a sustained combustible gas indicator reading is measured on a pipeline operating at 30 percent specified minimum yield strength (SMYS), or greater, in a class 3 or 4 location, as defined in 49 C.F.R. § 192.5, which does not qualify as a Class I leak;

g. A leak shall be considered a Class II leak when, in the judgment of operating personnel at the scene, it is of sufficient magnitude to justify scheduled repair;

h. All Class II leaks shall be rechecked at intervals no greater than every 60 days during the months of April through, and including, December; and no greater than every 30 days during the months of January through, and including, March; and

i. Each utility shall take action ahead of ground freezing or other adverse changes in venting conditions with respect to any leak which, under frozen or other adverse soil conditions, would likely allow gas to migrate to the outside wall of a building; and

(3) A Class III leak shall be a leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous, as evaluated in accordance with the following:

a. Each utility shall survey and re-evaluate each Class III leak no less than once per calendar year, but at least one re-evaluation of each Class III leak shall be performed between September 1 and December 15 each calendar year until the leak is repaired;

b. A leak shall be considered a Class III leak when a sustained combustible gas indicator reading less than 40% LEL in accordance with Table 508-1 is measured under a street or sidewalk in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building. Wall-to-wall paving shall include areas covered in gravel or grass, in accordance with (m)(2) above;

c. A leak shall be considered a Class III leak when a sustained combustible gas indicator reading of less than 100% LEL in accordance with Table 508-1, is measured under a street in a wall-to-wall paved area that does not have significant gas migration and does not qualify as a Class II leak. Wall-to-wall paving shall include areas covered in gravel or grass, in accordance with (m)(2) above; and

d. Any leak that does not classify as a Class I or Class II leak shall be considered a Class III leak.

(n) A utility shall conduct a follow-up inspection as follows:

(1) The adequacy of leak repairs shall be checked before backfilling;

(2) The perimeter of the leak area shall be checked with a combustible gas indicator (CGI) or equivalent gas detection equipment; and

(3) Where there is residual gas in the ground after the repair of a Class I leak, the utility shall conduct a follow-up inspection as soon as practical after allowing the soil atmosphere to vent and stabilize, but in no case later than one month following the repair.

(o) In the case of leak repairs other than Class I, the need for a follow-up inspection shall be determined by qualified personnel of the utility.

(p) In any calendar year, a utility shall not reclassify from Class II to Class III more than six total leaks or 5% of all outstanding leaks in a given class, whichever is less.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 508.05 Leakage Record-Keeping and Reporting {#sec-en-508.05 omnilex-key=us-nh-regs-official--agency-en--En 508.05}

(a) Each utility shall maintain records and follow self-audit procedures regarding gas leaks and leakage surveys as follows:

(1) A utility shall preserve historical gas leak records in accordance with En 507.05(a) and Puc 506.06;

(2) In order to demonstrate the adequacy of company maintenance programs, a utility shall maintain sufficient data to provide the information needed to complete the federal Department of Transportation leak report forms as follows:

a. Form PHMSA F 7100.1, "Incident Report - Gas Distribution System";

b. Form PHMSA F 7100.1-1, "Annual Report For Calendar Year 20__ - Gas Distribution System";

c. Form PHMSA F 7100.2, "Incident Report – Natural and Other Gas Transmission and Gathering Systems"; and

d. Form PHMSA F 7100.2-1, "Annual Report For Calendar Year 20__ - Natural and Other Gas Transmission and Gathering Pipeline Systems"; and

(3) The utility shall maintain records for leaks which are reported by an outside source or require reporting to a regulatory agency.

(b) The leak records as required in (a) above shall not be required to be maintained in any specific format or retained at one location.

(1) Date discovered, time reported, time dispatched, time investigated and by whom;

(2) Date(s) re-evaluated before repair and by whom;

(3) Date repaired, time repaired and by whom;

(4) Date(s) rechecked after repair and by whom;

(5) If a reportable leak, date and time of telephone report to regulatory authority and by whom;

(6) Location of leak;

(7) Leak classification;

(8) Line use, including distribution and transmission;

(9) Method of leak detection including name and address if reported by an outside party; and

(10) A description of any environmental impact, if applicable.

(d) A utility shall report to the department leaks occurring in its gas distribution system as follows:

(1) Emergency notification, pursuant to En 504.05(a); and

(2) Report on status of leaks, pursuant to En 509.11.

History

#13796, eff 10-25-23

Part En 509 Forms Required to Be Filed

N.H. Code Admin. R. Ann. En 509.01 F-1G Rate of Return. {#sec-en-509.01 omnilex-key=us-nh-regs-official--agency-en--En 509.01}

(a) For purposes of this part, "natural gas utility" means any utility that receives direct deliveries through a natural gas interstate pipeline.

(b) Natural gas utilities shall file department "Form F-1G, Rate of Return," dated October 2023 with the department and the commission on a quarterly basis reporting the historical weather normalized rate of return for the preceding 12 months.

(1) The name of the utility filing the report;

(2) Operating revenues for 12 months;

(3) Weather normalization;

(4) Operating expenses for 12 months, including:

a. Gas costs;

b. Other production;

c. Distribution;

d. Customer accounting;

e. Sales and new business;

f. General and administrative;

g. Federal and state income taxes;

h. Property taxes;

i. Other taxes;

j. Depreciation;

k. Amortization;

l. Operating rent; and

m. Interest on customer deposits;

(5) Rate base components for:

a. New Hampshire plant;

b. Material and supplies;

c. Cash working capital requirement;

d. Prepayments;

e. Customer deposits;

f. Accrued interest customer deposits;

g. Depreciation reserve;

h. Deferred income taxes;

i. Reimbursable contributions; and

j. Any other item properly includible in the utility's rate base.

(6) Weighted cost of capital components for:

a. Current capital structure;

b. Cost of debt; and

c. Last commission approved cost of equity;

(7) Operating utility income for 12 months;

(8) Allowed operating utility income using weighted cost of capital;

(9) Actual return on rate base;

(10) Allowed return on rate base; and

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

(d) The rate of return calculation shall exclude merger push-down accounting unless such accounting treatment has explicit commission approval.

(e) Utilities shall file Form F-1G no later than 45 days from the end of each fiscal quarter.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.02 F-16G Annual Report for Gas Utilities {#sec-en-509.02 omnilex-key=us-nh-regs-official--agency-en--En 509.02}

(a) Each utility which maintains its books on a calendar year basis shall file department "Form F-16G, Annual Report for Gas Utilities," dated October 2023, available on the department's website at www.energy.nh.gov, and file with the department and the commission one signed original and one electronic copy by email or through the department's or the commission's electronic records filing system 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 Form F-16G with the department and the commission one signed original and one electronic copy by email or through the department's or the commission's electronic records filing system no later than 90 days following the close of each fiscal year.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.03 F-8G Monthly Operating and Income Statements {#sec-en-509.03 omnilex-key=us-nh-regs-official--agency-en--En 509.03}

(a) Each utility shall file twice a year department "Form F-8G, Monthly Income Statement," dated October 2023, which shall include an analysis of gas operating statistics of usage, sales and revenue data, with the department and the commission within 90 days of the 6-month periods ending April 30th and October 31st and shall file revised Form F-8G monthly reports when previously submitted reports have been updated, edited or corrected.

(b) Utilities shall include on Form F-8G the following:

(1) A caption identifying the name of the utility filing the report;

(2) Monthly income statement showing current month, cumulative this year, same month last year and cumulative last year;

(3) A gas purchased, produced and transported report showing all natural gas purchases distinguishing gross received or net delivered, storage gas injections, storage gas withdrawals, pipeline fuel retention, if gross received purchases are used, propane air produced, vaporized LNG produced, gas received and transported for other parties or other gas supply and totals for each category;

(4) A statement of the disposition of all gas purchased, produced and transported including total gas sold, gas used by the company, accounted for losses, unaccounted for losses, gas transported by third parties for unbundled customers and total disposition;

(5) A degree day summary that identifies data source and geographic location, and includes effective or actual and normal degree days for the month, cumulative for the year, for the same month the previous year, and cumulative for the previous year;

(6) The actual number of customer bills generated, by rate class, for the current month and for the same month for the previous year;

(7) Analysis of operating revenues that compares revenue earned from bundled gas sales and unbundled gas transportation for each rate class for the month, cumulative for the year, for the same month the previous year, and cumulative for the previous year;

(8) Analysis of sales and transportation therms that compares bundled gas sales and unbundled gas transportation billed in therms for each rate class for the month, cumulative for the year, for the same month the previous year, and cumulative for the previous year;

(9) The date of the original report, or, if applicable, the revised report; and

(10) The signature, full name and title of the individual signing the report, and date of signature.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.04 F-22 Information Sheet {#sec-en-509.04 omnilex-key=us-nh-regs-official--agency-en--En 509.04}

(a) Each utility shall file department "Form F-22, Information Sheet," dated October 2023 with the department and the commission:

(1) Annually; and

(2) Whenever any changes occur to the information included in the Form F-22 filing.

(b) Each utility shall include the following on Form F-22:

(1) The name of the utility filing the report;

(2) Person's name, title, and e-mail address to receive the annual report form;

(3) Person's name, title, and e-mail address to receive the utility assessment tax;

(4) The names and titles of the principal officers of the company; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.05 E-5G Utility Accident Report {#sec-en-509.05 omnilex-key=us-nh-regs-official--agency-en--En 509.05}

(a) Each utility shall file department "Form E-5G, Utility Accident Report," dated October 2023 with the department and the commission within 10 working days of when a utility accident, as described in En 508.03(b), occurs, and as required in En 508.03(c).

(b) Each utility shall include the following on Form E-5G:

(1) The current, date and name and address of utility;

(2) Date, time of discovery, and location of accident;

(3) Description of any person injured including:

a. Name;

b. Age;

c. Residence;

d. Employer; and

e. Status of any 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 and previous related accident report number;

(7) Designation of federal or state statute violated, if applicable;

(8) Estimated amount of property damage and breakdown of property damage amounts;

(9) Method of discovery of the accident;

(10) Estimated amount of gas released measured in terms of 1,000 cubic feet (mcf) and value of gas released, including calculations;

(11) Time operator or contractor acting on behalf of operator arrived on scene;

(12) Time operator made pipeline safe;

(13) Date and time final restoration and return to gas service was completed;

(14) Quantity of people evacuated and quantity of meters shut off or service interrupted;

(15) Description of the pipeline facility involved, such as: age, material type, diameter, location, classification, above ground, below ground, depth, pressure at time of accident, map of pipeline;

(16) Date and time of notification to the National Response Center, if required;

(17) Recommendation for and steps taken to guard against repetition of accident; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.06 E-6 Heating Value and Purity Report {#sec-en-509.06 omnilex-key=us-nh-regs-official--agency-en--En 509.06}

(a) Each utility shall file department "Form E-6, Heating Value and Purity Report," dated October 2023 monthly with the department.

(b) Utilities shall include on Form E-6:

(1) The name of the utility filing the report;

(2) The month average in British thermal units (BTUs) with a breakdown for each day of the month, showing derivation based on location of each measurement, BTU measurement and associated volume, and, where applicable, days when peak shaving equipment is used;

(3) BTUs per cubic foot;

(4) Measurements for hydrogen sulphide and sulphur, if applicable;

(5) General remarks; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.07 E-7 Annual Report of Gas Meter Tests {#sec-en-509.07 omnilex-key=us-nh-regs-official--agency-en--En 509.07}

(a) Each utility shall file department "Form E-7, Annual Report of Gas Meter Tests," dated October 2023 annually by March 15 with the department.

(b) Utilities shall include the following on Form E-7:

(1) The name of company and year represented by the report;

(2) The number of meters tested categorized according to meter class, in accordance with Table 505-1;

(3) The total meters in service per category at end of year and total meters per category tested during the reporting year;

(4) Accuracy rate per group tested, required accuracy in accordance with Table 505-2 and quantity of meters to be tested per category for the following year;

(5) The total meters in service at end of year and total meters tested during the reporting year; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.08 E-8 Report of Pressure Complaints {#sec-en-509.08 omnilex-key=us-nh-regs-official--agency-en--En 509.08}

(a) Each utility shall file department "Form E-8, Monthly Report of Pressure Complaints," dated October 2023 with the department.

(b) Utilities shall include the following on Form E-8:

(1) The name of the utility filing the report;

(2) The name of each complainant and location which gave rise to the complaint;

(3) The date the utility conducted a meter test;

(4) The average pressure of the tested meter;

(5) The pressure recorded in inches of water column showing minimum with time of day and maximum with time of day;

(6) The total minutes pressure was below allowable minimum and above allowable maximum; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.09 E-23 Report of Interruptions of Service {#sec-en-509.09 omnilex-key=us-nh-regs-official--agency-en--En 509.09}

(a) Each utility shall file department "Form E-23, Monthly Report of Interruptions of Service," dated October 2023 with the department to report any interruption of service within one month of the occurrence of such interruption.

(b) Utilities shall include the following on Form E-23:

(1) The name of the utility filing the report;

(2) The dates of service interruption;

(3) The time of service interruption including start, end and total elapsed time;

(4) The location of service interruption;

(5) The number of customers affected by service interruption;

(6) The cause of interruption; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.10 E-24 Report of Gas Meter Complaint Tests {#sec-en-509.10 omnilex-key=us-nh-regs-official--agency-en--En 509.10}

(a) Each utility shall file department "Form E-24, Report of Gas Meter Complaint Tests," dated October 2023 monthly with the department.

(b) Form E-24 shall include the following:

(1) The name of the utility filing the report;

(2) The name and address of the customer making the complaint;

(3) The meter manufacturer; manufacturer's number; company number; type and size of meter;

(4) The percent registrations which are fast or slow;

(5) The period of refund or collection; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.11 E-35 Status of Leaks {#sec-en-509.11 omnilex-key=us-nh-regs-official--agency-en--En 509.11}

(a) Each utility shall file department "Form E-35, Monthly Leak Report – Status of Leaks," dated October 2023 with the department.

(b) Each utility shall provide on the monthly leak report a description of the status of any leak in its system classified by type of leak as Class I, II, or III.

(c) The report shall include a caption identifying the report as "Monthly Leak Report" along with the name of the company filing the report.

(d) A utility shall identify and describe the status of leaks as follows:

(1) As of the beginning of each month;

(2) Those reported during the month;

(3) Those repaired during the month; and

(4) Those reported and awaiting repair at the end of the month.

(e) Additionally, for those leaks reported during the month, the utility shall provide:

(1) The leak address;

(2) The date leak was reported;

(3) The identification number of the leak;

(4) The leak area, whether rural, residential, or urban;

(5) The classification of the leak;

(6) Method of how the company became aware of leak, such as through the public, an employee, or winter patrol;

(7) Type of cover over leak, such as asphalt or concrete;

(8) The pipeline facility, such as main or service;

(9) The operating pressure, whether low, intermediate, or high; and

(10) The most likely material(s) involved in any suspected Class III leaks.

(f) For those leaks identified as repaired pursuant to (d)(3) above, the cause of the leak shall be reported in a consistent classification as identified according to 49 C.F.R. § 191.11 and leaks classified as "other" shall be clearly explained.

(g) The report shall include the signature, full name, and title of the utility employee who supervised the preparation of the report, and date of signature.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.12 E-27 Annual Peak Shaving Fuel Storage Capability Report {#sec-en-509.12 omnilex-key=us-nh-regs-official--agency-en--En 509.12}

(a) Each utility with either LNG vaporization, propane air vaporization and mixing, or both, used as primary or supplemental on-system gas supply and fuel storage in its New Hampshire gas distribution operations shall file department "Form E-27, Annual Peak Shaving Fuel Storage Capability Report," dated October 2023 electronically with the department by e-mail or through the department's electronic records filing system once annually a peak shaving fuel storage capability report.

(b) This report shall be submitted by October 1st of each year and shall include projected design-week sendout, production capabilities, and storage requirements of utility gas operations, including the following:

(1) A caption identifying the report as the "Annual Peak Shaving Fuel Storage Capability Report" along with the name of the utility filing the report;

(2) Projected design week demand determined using verifiable total degree day data collected from an identified New Hampshire location for the 7 coldest consecutive days in the past 30 years of historical degree day data;

(3) Amount to be furnished by natural gas pipeline;

(4) Balance from peak shaving;

(5) Equivalent gallons LNG or LPG needed to satisfy requirements of (4) above;

(6) Total storage facilities committed, in gallons, to service on December 1 of the current year to LPG and LNG, which shall be categorized as follows:

a. Permanent;

b. Railroad tank cars;

c. Truck tankers;

d. Other storage, specifying type; and

e. Total storage;

(7) Whether the facility meets storage requirements;

(8) Comments relative to suppliers' delivery capabilities during the upcoming winter period;

(9) A statement that the utility shall immediately advise the department of any unexpected circumstances which might arise surrounding its peak shaving capabilities; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.13 E-28 Weekly Gas Storage Report {#sec-en-509.13 omnilex-key=us-nh-regs-official--agency-en--En 509.13}

(a) Each utility shall file department "Form E-28, Weekly Gas Storage Report," dated October 2023 with the department's enforcement division weekly regarding gas storage levels during the period December 1 through April 1 on Tuesday of each week, or the day following if Tuesday is a state holiday, before 4:00 p.m.

(b) The utility may by telephonic facsimile or e-mail report information on storage levels.

(c) The report shall include a caption identifying the report as "Weekly Gas Storage Report" along with the name of the utility filing the report and the full name and title of the utility employee who supervised the preparation of the report.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.14 E-29 Weekly Portable LNG Vaporizer Activity Report {#sec-en-509.14 omnilex-key=us-nh-regs-official--agency-en--En 509.14}

(a) Each utility shall file department "Form E-29, Weekly Portable LNG Vaporizer Activity Report," dated October 2023 with the department's enforcement division weekly regarding portable LNG vaporizer utilization when a portable LNG vaporizer is connected to the gas utility distribution system.

(b) The report shall be filed on Tuesday of each week before 4:00 p.m., or the day after if Tuesday is a state or federal holiday.

(1) A caption identifying the report as "Weekly Portable LNG Vaporizer Activity Report" along with the name of the utility filing the report;

(2) The date of the report;

(3) The location and maximum rated output of the portable vaporizer;

(4) The reason for connecting the portable vaporizer;

(5) The daily volume injected from the portable vaporizer; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.15 E-30 Summary of Peak Day Report {#sec-en-509.15 omnilex-key=us-nh-regs-official--agency-en--En 509.15}

(a) Each utility shall file department "Form E-30, Summary of Peak Day Report," dated October 2023 with the department through the department's electronic records filing system annually on April 1st summarizing the previous winter period peak day operating statistics.

(b) Quantities of gas shall be reported as measured in therms.

(1) A caption identifying the report as "Summary of Peak Day Report" along with the name of the utility filing the report;

(2) The gas demand for firm sales, interruptible sales, firm transportation, interruptible transportation and any other sendout;

(3) The gas demand for non-daily metered interruptible transportation rate classes based on an estimate of the daily supply nomination requirements, or best estimate;

(4) The gas supply of purchased pipeline natural gas, underground storage gas, propane air production gas, LNG produced gas, third party gas transported for unbundled transportation customers, and any other gas supply used to meet peak day demand;

(5) The actual or effective base 65 degrees Fahrenheit degree day total measured on that day including the source and geographic location;

(6) The date and day of the week of the peak day occurrence;

(7) A statement as to whether the peak day sendout was a new record for the utility; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.16 E-31 Forecast of Upcoming Winter Period Design Day Report {#sec-en-509.16 omnilex-key=us-nh-regs-official--agency-en--En 509.16}

(a) Each utility shall file department "Form E-31, Forecast of Upcoming Winter Period Design Day Report," dated October 2023 with the department annually by email or through the department's electronic records filing system on September 15 a report summarizing the upcoming winter period design day forecast of operating statistics.

(b) Quantities of gas shall be reported as measured in therms.

(1) A caption identifying the report as "Forecast of Upcoming Winter Period" along with the name of the utility filing the report;

(2) The demand for firm sales, interruptible sales, firm transportation, interruptible transportation, and any other sendout demand;

(3) The supply of purchased pipeline natural gas, underground storage gas, propane air production gas, LNG produced gas, third party gas transported for unbundled transportation customers, and any other gas supply available to meet design day demand;

(4) The base 65 degrees Fahrenheit degree day estimate total used in the forecast design day;

(5) A brief explanation of forecast tools, models and assumptions used in determining design day send out requirements; and

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

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.17 Federal Reports Filed with Department {#sec-en-509.17 omnilex-key=us-nh-regs-official--agency-en--En 509.17}

The owner or operator of a natural gas pipeline facility regulated by the Federal Energy Regulatory Commission pursuant to the Natural Gas Act, 15 U.S.C. § 717, et seq., shall, with respect to any such pipeline facility located or to be located in New Hampshire, file with the department:

(a) Annually, on or before April 30 of each year, a copy of the signed original of the Federal Energy Regulatory Commission annual report form, Form No. 2, as found in Appendix B, pertaining to such facility; and

(b) 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 of such owner or operator proposed to be located in New Hampshire.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 509.18 E-32 Monthly Customer Migration Report {#sec-en-509.18 omnilex-key=us-nh-regs-official--agency-en--En 509.18}

(a) Each utility offering unbundled transportation service shall file "Form E-32, Monthly Customer Migration Report," dated October 2023 electronically with the department and the commission monthly after the final accounting is available that provides in a PDF file format a rolling 12 months of the most recent available transportation customer data, including the following:

(1) A caption identifying the report as "Monthly Customer Migration Report" along with the name of the utility filing the report;

(2) The month and year of the report, which shall coincide with the most recent month of actual data included in the report;

(3) The actual number of customer bills per month sorted by rate class, for capacity assigned and also for capacity exempt customer subgroups;

(4) The actual number of therms billed per month, sorted by rate class, for capacity assigned and also for capacity exempt customer subgroups; and

(5) A table identifying each competitive natural gas supplier and the number of customers served by each.

(b) The master file for this report shall retain all months of historical customer migration data, be maintained in a spreadsheet file format, and be made available to department or commission upon request.

History

#13796, eff 10-25-23

Part En 510 Enforcement Procedures for Gas Pipeline Utilities

N.H. Code Admin. R. Ann. En 510.01 Jurisdiction Scope and Application of Authority {#sec-en-510.01 omnilex-key=us-nh-regs-official--agency-en--En 510.01}

(a) Pursuant to RSA 370:2 the department shall enforce safety standards and practices for utilities, referred to in En 506.01, consistent with the Natural Gas Pipeline Safety Act which is set forth at 49 U.S.C. § 60101, et seq.

(b) In enforcing safety standards and practices the department shall consider:

(1) Pipeline safety data;

(2) The appropriateness and reasonableness of a safety standard applied to a particular incident or circumstances; and

(3) Other relevant information regarding the circumstances of an incident.

(c) The department, in exercising and implementing its inspection and enforcement authority pursuant to En 510, shall act by and through the department's enforcement division.

(d) Pursuant to RSA 365:8 and RSA 370:2, and consistent with the Natural Gas Pipeline Safety Act, the department shall:

(1) Investigate all methods and practices of utilities relating to pipeline safety;

(2) Require the maintenance and filing of reports, records and other information relating to pipeline safety in such form and detail as the department shall prescribe;

(3) Enter at all reasonable times to inspect the property, building, plants, and offices of utilities to investigate and determine compliance with pipeline safety requirements; and

(4) Inspect all books, records, papers, and documents relevant to the pipeline safety.

(e) Each utility shall cooperate fully with the department in its investigations and inspections pursuant to En 510, including maintaining and providing all relevant information and data and providing such access as the department shall require.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.02 Intervals of Inspection {#sec-en-510.02 omnilex-key=us-nh-regs-official--agency-en--En 510.02}

(a) Each utility shall allow the department staff, upon presentation of identifying credentials, to enter upon, inspect, and examine the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with department rules or orders, or the commission rules or orders.

(b) Each utility shall permit the department to conduct inspections in response to or related to any of the following:

(1) Routine scheduling;

(2) A complaint received from a member of the public or any party;

(3) Information obtained from a previous inspection;

(4) Pipeline accident or incident; and;

(5) Compliance with En 500.

(1) Results obtained in an initial inspection show a defect, irregularity or non-compliance which establishes the need for a subsequent or follow-up inspection; or

(2) The department determines that additional inspections are required to provide sufficient information to allow it to determine utility compliance with department rules or orders, or commission rules or orders.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.03 Inspection of Utilities {#sec-en-510.03 omnilex-key=us-nh-regs-official--agency-en--En 510.03}

(a) Inspections conducted pursuant to En 510.02 shall include a thorough review of the utility's records concerning inspection, operation, maintenance, and emergency procedures.

(b) Field inspections combined with office inspections shall cover:

(1) Operational checks of corrosion control provisions;

(2) Overpressure and regulating equipment;

(3) Odorization;

(4) Repaired leaks;

(5) Emergency valves;

(6) New construction;

(7) Maintenance of facilities;

(8) Selection of material and design of components;

(9) Qualifications and training of personnel;

(10) Public awareness programs, emergency response programs, quality assurance programs, underground damage prevention programs, and integrity management programs for transmission and distribution pipeline facilities;

(11) Control room management; and

(12) Any other components of the facility.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.04 Verbal Notice to Utility of Probable Violation {#sec-en-510.04 omnilex-key=us-nh-regs-official--agency-en--En 510.04}

(a) When an evaluation of a utility's records and facilities indicates that the utility is apparently not in compliance with a pipeline safety regulation, the department investigator shall informally discuss the probable violation or noncompliance with the utility before concluding the inspection.

(b) In situations where an inspection is performed without utility personnel on site, probable violations or potential non-compliance of En 500 shall be communicated to the utility upon completion of the inspection.

(c) The utility shall provide any documentation or physical evidence related to the alleged non-compliance which the department investigator shall request during the inspection or by letter.

(d) The utility may notify the department investigator and undertake on-site corrective action of the facility where the probable violation exists, thus correcting any identified deficiency.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.05 Written Formal Notice of Probable Violation {#sec-en-510.05 omnilex-key=us-nh-regs-official--agency-en--En 510.05}

(a) After the department staff receives evidence of a possible violation, the department shall issue a written notice of probable violation (NOPV) to the party alleged to have committed the violation.

(b) The department staff shall send information regarding the NOPV by certified mail to the party alleged to have committed the 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 374:7-a, in the event of unfavorable judgment;

(4) The amount of the civil penalty;

(5) A description of factors relied upon by department staff in making its determination, such as the size of the business of the utility, 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, history of prior violations, effect of penalty on the utility, and any other identifiable factors which would tend to either aggravate or mitigate the violation;

(6) Statutory rights of the respondent as enumerated in RSA 374:7-a; and

(7) Procedures for resolving the complaint.

(d) The operator shall respond in writing to the department within 30 days of its receipt of the violation notice referred to in (a) above.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.06 Responses to Notice of Probable Violation {#sec-en-510.06 omnilex-key=us-nh-regs-official--agency-en--En 510.06}

(a) Upon receipt of the NOPV the respondent shall:

(1) Submit to the department within 30 days, in writing, evidence refuting the probable violation referenced in the NOPV;

(2) Submit to the department within 30 days a written plan of action outlining action the respondent will take to correct the violations, including a schedule and the date when compliance is anticipated;

(3) Execute a consent agreement with the department resolving the probable violation and remit the civil penalty; or

(4) Request in writing within 30 days, an informal conference with the department staff to examine the basis of the probable violation.

(b) Any utility involved in the NOPV shall provide a representative for any informal conference or hearing scheduled relative to that NOPV.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.07 Informal Conferences. {#sec-en-510.07 omnilex-key=us-nh-regs-official--agency-en--En 510.07}

(a) After receiving the request for the informal conference, the department staff shall:

(1) Arrange a date, time, and location for the informal conference; and

(2) Notify the respondent by certified mail of the date, time, and location of said informal conference.

(b) At the informal conference, the department staff shall review the basis for the violation(s). The utility may explain its position and may present alternatives for solution of the problem.

(c) If the utility and the department staff cannot by agreement resolve the violation at this stage, the enforcement procedure shall continue as described in En 510.08.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.08 Notice of Violation {#sec-en-510.08 omnilex-key=us-nh-regs-official--agency-en--En 510.08}

(a) If the department staff, after reviewing evidence and testimony obtained in writing or in conferences, determines that a violation of RSA 370:2, RSA 362:4-b, or En 500 has occurred, the department staff shall issue a notice of violation (NOV) to the respondent.

(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 department staff in making its determination, such as the size of the business of the utility, 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, history of prior violations, effect of penalty on the utility, and any other identifiable 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 374:7-a.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.09 Response to Notice of Violation {#sec-en-510.09 omnilex-key=us-nh-regs-official--agency-en--En 510.09}

Within 10 days from receipt of the NOV, the respondent shall either:

(a) Sign a consent agreement and remit the civil penalty; or

(b) File a request in writing for a hearing before the commission.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 510.10 Department Action {#sec-en-510.10 omnilex-key=us-nh-regs-official--agency-en--En 510.10}

(a) The NOV shall become final and the department shall act upon it unless the respondent requests a hearing pursuant to En 510.09(b).

(b) The department shall forward hearing requests pursuant to En 510.09(b) to the commission.

History

#13796, eff 10-25-23

Part En 511 Lp and Landfill Gas Pipeline Safety Standards

N.H. Code Admin. R. Ann. En 511.01 Compliance with Federal Standards Required {#sec-en-511.01 omnilex-key=us-nh-regs-official--agency-en--En 511.01}

(a) All LPG operators and landfill gas operators shall comply with those pipeline safety regulations established by the United States Department of Transportation as set forth in 49 C.F.R. Parts 191 and 192.

(b) All LPG operators shall comply with the LP Gas Code (NFPA 58) as referenced by 49 C.F.R. § 192.7.

(c) LPG operators shall employ the guidelines contained in the Training Guide for Operators of Small LP Gas Systems, written by the United States Department of Transportation and the National Association of Regulatory Utility Commissioners, printed April 2001, as found in Appendix B.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.02 Compliance with Other Standards {#sec-en-511.02 omnilex-key=us-nh-regs-official--agency-en--En 511.02}

(a) LPG operators shall comply with the edition of the NFPA 54, the National Fuel Gas Code, as amended by New Hampshire Code Administrative Rules Saf-FMO 300.

(b) Nothing in these rules shall prohibit or limit the New Hampshire department of safety adopting a different edition of NFPA 58, the LP Gas Code.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.03 E-27-A Jurisdictional LP Gas Facilities Report {#sec-en-511.03 omnilex-key=us-nh-regs-official--agency-en--En 511.03}

(a) Each LPG operator shall submit department "Form E-27-A, Jurisdictional LP Gas Facilities Report," dated October 2023 to the enforcement division of the department within 30 days after notice of all newly installed, acquired, transferred or discontinued jurisdictional systems.

(b) The completed form shall include the following:

(1) Name of the LPG operator and contact person, with telephone number;

(2) Date of installation, acquisition or transfer of facilities;

(3) Size of tank;

(4) Location of the facilities, including street name and number, city or town, and locus map;

(5) Number of meters and customers; and

(6) Supervisor's name and signature, with date of signature.

(c) If an LPG operator is providing LPG to a facility that such operator believes to match the criteria of a jurisdictional system, such operator shall notify the owner of the facility and the enforcement division of the existence of said facility.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.04 Confidential Records {#sec-en-511.04 omnilex-key=us-nh-regs-official--agency-en--En 511.04}

Consistent with RSA 91-A:5, the department shall not release to the public reports filed pursuant to En 511.03.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.05 Emergency Notification {#sec-en-511.05 omnilex-key=us-nh-regs-official--agency-en--En 511.05}

(a) The LPG operator or landfill gas operator shall notify the enforcement division of the department by telephone when any of the following occur:

(1) A release of gas from a LPG system or landfill gas system that results in:

a. A death;

b. Personal injury necessitating same day professional medical treatment; or

c. Estimated property damage of $5,000 or more;

(2) A fire or an explosion at, or emergency shutdown of, an LPG system, landfill gas system or facility.

(3) An evacuation of a building conducted by a fire department, LPG operator, or landfill gas operator or other emergency personnel because of the presence of gas in the atmosphere or in the immediate vicinity of the building;

(4) An unplanned service interruption or gas outage that is expected to result in 50 or more customer outage hours;

(5) A single unplanned outage occurring at a state, federal, or municipal facility, hospital, school or other facility in which the public could be affected;

(6) A breach of security or other threat that jeopardizes the operation of a jurisdictional facility of aggregate capacity greater than 6,000 gallons; or

(7) An event which is significant in the judgment of the LPG operator or landfill gas operator even though it is not described above.

(b) An LPG operator or landfill gas operator shall not be required to determine or document the presence or involvement of gas in any incident or event before notifying the department.

(c) The telephone notification shall be made promptly, but no more than one hour following discovery of the incident by the LPG operator or landfill gas operator.

(d) The LPG operator or landfill gas operator shall provide to the department investigator who responds to the call the following information:

(1) Identity of reporting LPG operator or landfill gas operator;

(2) Name, title, and location of the person reporting the incident;

(3) Location of the incident including street, address and city or town;

(4) Number of known or estimated fatalities and personal injuries, if any;

(5) Type and extent of known or estimated property damage;

(6) Description of the incident or event including any significant facts known by the LPG operator or landfill gas operator that relate to the cause and resolution of the problem;

(7) Date and hour the incident occurred and was discovered by the LPG operator or landfill gas operator and, to the extent known, by any other party;

(8) For a service interruption, gas outage, or evacuation of a building, the estimated or known number of people and customers affected and the estimated or actual duration of the outage; and

(9) When the Office of Pipeline Safety of the United States Department of Transportation was, or will be, notified of the incident, if applicable.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.06 Incident Reporting {#sec-en-511.06 omnilex-key=us-nh-regs-official--agency-en--En 511.06}

(a) In addition to the emergency notification required in En 511.05, LPG operators and landfill gas operators shall report in writing to the department any event occurring in connection with its facilities and services, as follows:

(1) An LPG operator or landfill gas operator shall report to the department within 20 business days following discovery any incident which the LPG operator or landfill gas operator shall be required to report to the federal Office of Pipeline Safety pursuant to 49 C.F.R. § 191.9 on federal Department of Transportation Form PHMSA F 7100.1, "Incident Report-Gas Distribution System," a copy of which shall be submitted to the department;

(2) Each LPG operator and landfill gas operator shall report to the department twice annually on the status of any ongoing leaks occurring in its gas distribution systems; and

(3) An LPG operator or landfill gas operator shall report to the department any accident involving injury to a person or damage to property as provided in En 511.07(b).

(b) An LPG operator or landfill gas operator shall file any report required pursuant to (a)(1) above in addition to any report required pursuant to (a)(2) or (a)(3) above.

(c) When additional relevant information is obtained after a report under this section is submitted, the LPG operator or landfill gas operator shall make a supplementary report to the department conveying this information.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.07 Accidents {#sec-en-511.07 omnilex-key=us-nh-regs-official--agency-en--En 511.07}

(a) Each LPG operator and landfill gas operator shall notify the department of any accident, as described in En 511.05(a)(1), pursuant to En 511.05.

(b) Each LPG operator and landfill gas operator, as applicable, shall submit a written report on department "Form E-5G, Utility Accident Report," dated October 2023 to the department within 10 working days following the occurrence of any accident involving a release of LP gas or landfill gas from a pipeline or facility in which:

(1) A death has occurred;

(2) Any personal injury which requires same day professional medical treatment;

(3) Any person receiving an injury which incapacitates that person from active work for a total of 6 days or more during the 10 days immediately following the accident; or

(4) Any property damage over $5,000.

(c) If any event later occurs in connection with an accident which renders an accident reportable under this section or results in an additional reportable event under (b)(1) through (4) above associated with a report previously submitted, such operator shall submit a new or updated report, as appropriate.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.08 Construction and Maintenance {#sec-en-511.08 omnilex-key=us-nh-regs-official--agency-en--En 511.08}

(a) Except as established herein or by municipal regulations within their jurisdiction which are more stringent than the state or federal requirement, each LPG operator shall construct, inspect, install, operate and maintain its systems, equipment and gas pipelines in accordance with all applicable federal and state requirements, including but not limited to the requirements of the 49 CFR Part 192, and NFPA 58 LP Gas Code, subject to En 511.01(b).

(b) Except as established herein or by applicable municipal regulations that are more stringent than the state or federal requirement, each landfill gas operator shall construct, inspect, install, operate and maintain its systems, equipment and gas pipelines in accordance with all applicable federal and state requirements, including but not limited to the requirements of 49 C.F.R. Part 192.

(c) Pipelines shall be laid at least 12 inches away from any other underground structure, or, if this clearance cannot be attained, the pipeline shall be protected from damage that might result from the proximity of the other structure.

(d) For LPG operators, operating pressures within a building shall be limited to the requirements in NFPA 54 National Fuel Gas Code, as incorporated by En 511.02(a).

(e) Operating and maintenance procedures shall be documented according to a plan as follows:

(1) Each LPG operator and landfill gas operator shall establish a written operating and maintenance plan pursuant to 49 C.F.R. § 192.603 which shall include the criteria set forth in 49 C.F.R. § 192.605;

(2) Each LPG operator and landfill gas operator shall file with the department its plan together with any subsequent amendments to the plan;

(3) Each LPG operator and landfill gas operator shall operate, inspect, maintain and construct its system in accordance with its plan; and

(4) Each LPG operator and landfill gas operator shall inspect new construction.

(f) All combustible gases transported or distributed by a pipeline shall have a distinctive odor of sufficient intensity so that at a concentration in air of one-fifth of the lower explosive limit, the odor is readily perceptible to the normal or average olfactory sense of a person coming from fresh, uncontaminated air into a closed room.

(g) Each LPG operator shall test for odorant levels in accordance with (f) above at least quarterly each calendar year, with intervals not exceeding 3 and a half months at the operator bulk plants that supply LPG to an LPG jurisdictional systems. These tests shall be performed with an odorometer or equivalent device capable of determining the percentage of gas in air at which the odor becomes readily detectable by the tester in accordance with 49 C.F.R. § 192.625. Records shall be preserved documenting each delivery from the operator bulk plant to an LPG jurisdictional system for a period of not less than 2 years.

(h) Sniff tests to determine that odorant is present shall be performed at each LPG jurisdictional system at least once annually and whenever maintenance is performed on the system.

(i) Each landfill gas operator shall test for odorant levels in accordance with (f) above at least quarterly each calendar year, with intervals not exceeding 3 and a half months at the furthest end point of the system that can be readily accessible. These tests will be performed with an odorometer or equivalent device capable of determining the percentage of gas in air at which the odor becomes readily detectable by the tester.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.09 Underground Utility Damage Prevention Program {#sec-en-511.09 omnilex-key=us-nh-regs-official--agency-en--En 511.09}

All LPG operators and landfill gas operators shall comply with En 800.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.10 Marking of Containers {#sec-en-511.10 omnilex-key=us-nh-regs-official--agency-en--En 511.10}

(a) All LPG operator owned containers, above ground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking.

(b) Containers gained through acquisition shall be marked as soon as possible, but no later than 30 days after acquisition.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.11 System Maps {#sec-en-511.11 omnilex-key=us-nh-regs-official--agency-en--En 511.11}

Each LPG operator and landfill gas operator shall have on file at its principal office a map(s) or drawings showing:

(a) The size, character, and location of pipeline facilities, including valves, installed after February 1, 2005; and

(b) The size and location of each service line provided that, in lieu of showing service locations on maps, a card record or other suitable means may be used.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.12 Procedure for Reporting Emergencies {#sec-en-511.12 omnilex-key=us-nh-regs-official--agency-en--En 511.12}

(a) As used in this section, "regular working hours" means Monday through Friday, 8 a.m. to 5 p.m. except holidays.

(b) Each LPG operator and landfill gas operator of a system shall furnish a written explanation to each customer of a system of the procedure to be used to report gas leaks and other related emergencies including:

(1) A telephone number at which the operator can be contacted during regular working hours;

(2) A telephone number for reporting emergencies during nonworking hours; and

(3) The telephone numbers of emergency response agencies, including, without limitation, the local police and fire departments.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.13 Preservation of Records {#sec-en-511.13 omnilex-key=us-nh-regs-official--agency-en--En 511.13}

(a) All records required by these rules shall be preserved by the LPG operator and/or landfill gas operator.

(b) The LPG operator or landfill gas operator shall make such records available to the department or its staff upon request at the LPG operator's office.

(c) All system records required by these rules shall be transferred to the new LPG operator upon the change in the gas supplier.

(d) Upon acquisition of, termination of service by, or conveyance of records to any new LPG operator or person, the relinquishing operator shall, prior to any conveyance or records, copy and retain in a legible paper format, in addition to any electronic format or formats the operator chooses to utilize, any and all records pertaining to the location for a 7-year period from the date of transfer.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.14 Leakage Surveys and Inspections {#sec-en-511.14 omnilex-key=us-nh-regs-official--agency-en--En 511.14}

(a) For purposes of this section, "business districts" means the principle business areas in the urban portion of a community.

(b) The presence of certain factors shall indicate the presence of a business district, as follows:

(1) The general public regularly congregates in this area for economic, industrial, religious, educational, health or recreational purposes;

(2) The majority of the buildings on either side of the street are utilized for commercial, industrial, religious, educational, health or recreational purposes;

(3) Gas facilities are under continuous paving that extends either from the center line of the thoroughfare to the building wall or from the storage tank to the building wall; or

(4) Other locations or sites in the urban portion of a community which contain a similar density and/or mix of buildings and services as provided in (1) through (3) above.

(d) Each LPG operator and landfill gas operator shall include a plan for periodic leakage surveys in its operating and maintenance plan.

(e) Each LPG operator shall conduct a leakage survey upon a change in gas supplier.

(f) Each LPG operator and landfill gas operator shall conduct periodic leakage surveys in business districts and outside business districts in intervals as required by 49 C.F.R. § 192.706 or § 192.723.

(g) Each LPG operator shall conduct periodic leakage surveys by:

(1) Performing a pressure drop test according to Appendix D of NFPA 54, as adopted by En 511.02(a); or

(2) Utilizing a combustible gas indicator meter or equivalent testing procedures.

(h) Each landfill gas operator shall conduct periodic leakage surveys by utilizing a combustible gas indicator meter or equivalent testing procedures.

(i) The type and scope of the leakage control program shall be determined by the nature of the operations, such as liquid petroleum distribution systems and the local conditions, but it shall meet the minimum requirements set forth in this section.

(j) Each LPG operator and landfill gas operator shall follow procedures for classification and control of flammable gas leaks approved by the department's enforcement division.

(k) When investigating a leak, if it is determined that the perimeter of a leak area extends to a building wall, the investigation shall continue into the building unless public safety or identifiable exigent circumstances prohibit entry.

(l) The LPG operator or landfill gas operator shall establish a leak repair priority based on its evaluation of the location and the magnitude of a leak.

(m) Each LPG operator and landfill gas operator shall assign a classification of leaks as follows:

(1) Class I shall be a leak that represents an existing or probable hazard to persons or property, and requires immediate repair within 24 hours or continuous action until the conditions are no longer hazardous;

(2) Class II shall be a leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair within 6 months or before the end of the calendar year based on probable future hazard; and

(3) Class III shall be a leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous.

(n) In making a determination as to whether to classify a leak as Class I, II or III, an LPG operator or landfill gas operator shall comply with leak classification and leakage control procedures set forth in the 1999 ASME Guide for Gas Transmission and Distribution Piping Systems, Guide Material Appendix G-11A, Tables 3a, 3b and 3c, substituting the term "class" for "grade."

(o) Each LPG operator and landfill gas operator shall conduct a follow-up inspection as follows:

(1) The perimeter of the leak area shall be checked with a combustible gas indicator (CGI); and

(2) Where there is residual gas in the ground after the repair of a Class I leak, the LPG operator shall conduct a follow-up inspection as soon as practical after allowing the soil atmosphere to vent and stabilize, but in no case later than one month following the repair.

(p) In the case of leak repairs other than Class I, the need for a follow-up inspection shall be determined by qualified personnel of the LPG operator or landfill gas operator.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.15 Leakage Record-Keeping and Reporting {#sec-en-511.15 omnilex-key=us-nh-regs-official--agency-en--En 511.15}

(a) Each LPG operator and landfill gas operator shall maintain records and follow self-audit procedures regarding gas leaks and leakage surveys as follows:

(1) Each LPG operator and landfill gas operator shall preserve historical gas leak records for no less than 7 years; and

(2) Each LPG operator and landfill gas operator shall maintain permanent records for leaks which are reported by an outside source or require reporting to a regulatory agency.

(b) The leak records required in (a) above shall not be required to be maintained in any specific format or retained at one location.

(1) Date discovered, time reported, time dispatched, time investigated and by whom;

(2) Date repaired, time repaired and by whom;

(3) If a reportable leak, date and time of telephone report to regulatory authority and by whom;

(4) Location of leak; and

(5) Method of leak detection including name and address if reported by an outside party.

(d) Each LPG operator and landfill gas operator shall report to the department leaks occurring in its gas distribution or transmission system pursuant to En 511.05(a)(1).

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 511.16 E-5G LPG Operator or Landfill Gas Operator Accident Report {#sec-en-511.16 omnilex-key=us-nh-regs-official--agency-en--En 511.16}

(a) Each LPG operator and landfill gas operator shall file department "Form E-5G Utility Accident Report," dated October 2023 with the department within 10 working days of when an LPG operator or landfill gas operator accident, as described in En 511.07(b), occurs.

(b) Each LPG operator and landfill gas operator shall include the following on Form E-5G:

(1) Report number, date and name and address of LPG operator or landfill gas operator;

(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 and steps taken to guard against repetition of accident; and

(9) Signature and title of signatory.

History

#13796, eff 10-25-23

Part En 512 Enforcement Procedures for Lp and Landfill Gas Operators

N.H. Code Admin. R. Ann. En 512.01 Jurisdiction Scope and Application of Authority {#sec-en-512.01 omnilex-key=us-nh-regs-official--agency-en--En 512.01}

(a) Pursuant to RSA 362:4-b, RSA 370:2, and RSA 374:7-a, the department shall enforce safety standards and practices for LPG and landfill operators, as referred to in En 511, and consistent with the Natural Gas Pipeline Safety Act which is set forth at 49 U.S.C. § 60101, et seq.

(b) In enforcing safety standards and practices the department shall consider:

(1) Pipeline safety data;

(2) The appropriateness and reasonableness of a safety standard applied to a particular incident or circumstances; and

(3) Other relevant information regarding the circumstances of an incident.

(c) The department in exercising and implementing its inspection and enforcement authority shall act by and through the enforcement division.

(d) Pursuant to RSA 362:4-b and consistent with the Natural Gas Pipeline Safety Act, the department shall:

(1) Investigate all methods and practices of LPG and landfill gas operators relating to pipeline safety;

(2) Require the maintenance and filing of reports, records and other information relating to pipeline safety;

(3) Enter at all reasonable times to inspect the property, building, plants and offices of LPG and landfill gas operators to investigate and determine compliance with pipeline safety requirements; and

(4) Inspect all books, records, papers and documents relevant to the pipeline safety.

(e) Each LPG operator and landfill gas operator shall cooperate fully with the department and its staff in investigations and inspections, including maintaining and providing all relevant information and data and providing such access as the department shall require.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.02 Intervals of Inspection {#sec-en-512.02 omnilex-key=us-nh-regs-official--agency-en--En 512.02}

(a) Each LPG operator and landfill gas operator shall allow the department staff, upon presentation of identifying credentials, to enter upon, inspect and examine the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with department rules or orders, or commission rules or orders.

(b) Each LPG operator and landfill gas operator shall permit the department to conduct inspections in response to or related to any of the following:

(1) Routine scheduling;

(2) A complaint received from a member of the public or any party;

(3) Information obtained from a previous inspection;

(4) A pipeline accident or incident; or

(5) Ensuring compliance with En 500.

(c) In addition to the specialized inspection schedule referred to in (b) above, the department shall schedule and conduct additional inspections if:

(1) Results obtained in an initial inspection show a defect, irregularity or non-compliance which establishes the need for a subsequent or follow-up inspection; or

(2) The department determines that additional inspections are required to provide sufficient information to allow it to determine the LPG operator's or landfill gas operator's compliance with department rules or orders, or commission rules or orders.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.03 Inspection of LPG and Landfill Gas Operators {#sec-en-512.03 omnilex-key=us-nh-regs-official--agency-en--En 512.03}

(a) The department shall inspect every LPG and landfill gas operator.

(b) The inspection shall include a thorough review of the operator's records concerning inspection, operation, maintenance, construction and emergency procedures.

(1) Operational checks of corrosion control provisions;

(2) Overpressure and regulating equipment;

(3) Odorization;

(4) Repaired leaks;

(5) Emergency valves;

(6) Maintenance of systems;

(7) Qualification of personnel;

(8) Public awareness programs, emergency response programs, underground damage prevention programs, and integrity management programs for transmission and distribution systems;

(9) Any other components of the facility; and

(10) Compliance with NFPA 58, the LP-Gas Code, as required by En 511.01.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.04 Verbal Notice to LPG Operator or Landfill Gas Operator of Probable Violation {#sec-en-512.04 omnilex-key=us-nh-regs-official--agency-en--En 512.04}

(a) When an evaluation of an LPG operator's or landfill gas operator's records and facilities indicates that the LPG operator or landfill gas operator is apparently not in compliance with a pipeline safety regulation, the department investigator will informally discuss the probable violation or noncompliance with the LPG operator or landfill gas operator within 10 business days unless immediate corrective action is necessary following the inspection.

(b) The LPG operator or landfill gas operator shall provide any documentation or physical evidence related to the alleged non-compliance which the department investigator shall request during the inspection or by letter.

(c) The LPG operator or landfill gas operator may notify the department staff and undertake on-site corrective action of the facility where the probable violation exists, thus correcting the identified deficiency.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.05 Written Formal Notice of Probable Violation {#sec-en-512.05 omnilex-key=us-nh-regs-official--agency-en--En 512.05}

(a) After the department staff receives evidence of a possible violation, the department shall issue a written NOPV to the party alleged to have committed the violation.

(b) The department staff shall send information regarding the NOPV by certified mail to the party alleged to have committed the 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 362:4-b and RSA 374:7-a, in the event of unfavorable judgment;

(4) The amount of the civil penalty;

(5) A description of factors relied upon by department staff in making its determination, such as the size of the business of the utility, 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, history of prior violations, effect of penalty on the LPG or landfill gas operator, and any other identifiable factors which would tend to either aggravate or mitigate the violation;

(6) Statutory rights of the respondent as enumerated in RSA 374:7-a; and

(7) Procedures for resolving the complaint.

(d) The LPG operator or landfill gas operator shall respond in writing to the department within 30 days of its receipt of the violation notice referred to in (a) above.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.06 Responses to Notice of Probable Violation {#sec-en-512.06 omnilex-key=us-nh-regs-official--agency-en--En 512.06}

(a) Upon receipt of the NOPV the respondent shall either:

(1) Submit to the department within 30 days, in writing, evidence refuting the probable violation referenced in the NOPV;

(3) Execute a consent agreement with the department resolving the probable violation and remit the civil penalty; or

(4) Request in writing within 30 days an informal conference with the department staff to examine the basis of the probable violation.

(b) Any LPG operator or landfill gas operator involved in the NOPV shall provide a representative for any informal conference or hearing scheduled relative to that NOPV.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.07 Informal Conferences {#sec-en-512.07 omnilex-key=us-nh-regs-official--agency-en--En 512.07}

(a) After receiving the request for the informal conference, the department staff shall:

(1) Arrange a date, time, and location for the informal conference; and

(2) Notify the respondent by certified mail of the date, time, and location of said informal conference.

(b) At the informal conference, the department staff shall review the basis for the violation(s). The LPG operator or landfill gas operator may explain its position and may present alternatives for solution of the problem.

(c) If the LPG operator or landfill gas operator and the department staff cannot by agreement resolve the violation at this stage, the enforcement procedure shall continue as described in En 512.08.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.08 Notice of Violation {#sec-en-512.08 omnilex-key=us-nh-regs-official--agency-en--En 512.08}

(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 department staff in making its determination, such as the size of the business of the LPG operator or landfill gas operator, 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, history of prior violations, effect of penalty on the LPG operator or landfill gas operator, and any other identifiable 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 374:7-a.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.09 Response to Notice of Violation {#sec-en-512.09 omnilex-key=us-nh-regs-official--agency-en--En 512.09}

Within 10 days from receipt of the NOV, the respondent shall either:

(a) Sign a consent agreement and remit the civil penalty; or

(b) File a request in writing for a hearing before the commission.

History

#13796, eff 10-25-23

N.H. Code Admin. R. Ann. En 512.10 Department Action {#sec-en-512.10 omnilex-key=us-nh-regs-official--agency-en--En 512.10}

(a) The NOV shall become final and the department shall act upon it unless the respondent requests a hearing pursuant to En 512.09(b).

(b) The department shall forward hearing requests pursuant to En 512.09(b) to the commission.

APPENDIX A

Rule

Specific State or Federal Statute the Rule Implements

En 501.01-En 501.02

RSA 12-P:5, IV; 362:2, 4-b; 40 U.S.C. 60101 et seq.

En 502.01-En 502.27

RSA 12-P:5, IV; U.S.C. 60101

En 503.01-En 503.04

RSA 12-P:5, IV; 370:1-5

En 504.01-En 504.07

RSA 12-P:5, IV; 374:1; 374:54; 49 C.F.R. Parts 191 and 192

En 505.01-En 505.07

RSA 12-P:5, IV; 370:1-11; 374:3

En 506.01-En 506.03

RSA 12-P:5, IV; 49 C.F.R. Parts 191, 192, 193, 198 and 199; 40 U.S.C. 5121, 60102, 60103, 60104, 60117, 60118 & 60126;

49 C.F.R. 192.615

En 507.01-En 507.06

RSA 12-P:5, IV; 374:3, 8; 374:15; 18 C.F.R. Part 201

En 508.01-En 508.05

RSA 12-P:5, IV; 370:1-5; 374:48-56

En 509.01-En 509.18

RSA 12-P:5, IV; 369:3; 370:1-5; 374:1, 5, 15; 15 U.S.C. § 717 et seq.

En 510.01-En 510.10

RSA 12-P:5, IV; 362:4-b;370:2; 374:3, 7-a; 49 U.S.C. § 60101

En 511.01-En 511.16

RSA 12-P:5, IV; 91-A:5;370:2; 374:3-4; 49 C.F.R. Parts 191 and 192; 49 C.F.R. Part 191.9; 49 C.F.R. Part 192; 49 C.F.R. Part 192.615

En 512.01-En 512.10

RSA 12-P:5, IV362:4-b;370:2; 374:7-a; 49 U.S.C. § 60101

APPENDIX B

DOCUMENTS INCORPORATED BY REFERENCE

Rule

Title

Publisher; How to Obtain; and Cost

U.S. Department of Transportation Form (accessed and printed on February 23, 2013):

PHMSA F 7100.1 (Rev. 06-2011) - Incident Report - Gas Distribution System

En 504.06(a)(1) ; En 508.05(a)(2)(a) ; En 511.07(a)(1)

Available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above)

Welding of Pipelines and Related Facilities, American Petroleum Institute Standard 1104, Section 6

En 506.01(d)(2)

Available for a cost of $422.00 (in PDF or print format) at: https://www.api.org/.

Utilities Accommodation Manual prepared by the New Hampshire state department of transportation (February 2010 edition)

En 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)

En 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 Department of Energy.

Purging Principles and Practice , American Gas Association (2001 edition)

En 506.02(i)

Available for download at no charge on the Department website at: Pipeline Safety | NH Department of Energy

(AGA contact information: AGA, 400 North Capitol St NW #450, Washington, DC 20001; Telephone: 202-824-7000)

U.S. Department of Transportation Form (accessed and printed on February 23, 2013):

PHMSA F 7100.1-1 (01-2011) - Annual Report for Calendar Year 20_ - Gas Distribution System

En 508.05(a)(2)(b)

Available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above)

U.S. Department of Transportation Form (accessed and printed on February 23, 2013):

PHMSA F 7100.2 (Rev. 12-2012) Incident Report – Natural and Other Gas Transmission and Gathering Pipeline Systems

En 508.05(a)(2)(c)

Available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above)

U.S. Department of Transportation Form (accessed and printed on February 23, 2013):

PHMSA F 7100.2-1 (Rev. 12-2012) - Annual Report for Calendar Year 20_ - Natural and Other Gas Transmission and Gathering Pipeline Systems

En 508.05(a)(2)(d)

Available for download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above)

Form Number 2 – Major Natural Gas Pipeline Annual Report

En 509.17(a)

Available from the publisher, Federal Energy Regulatory Commission (FERC) at no cost at http://www.ferc.gov/docs-filing/forms.asp

Training Guide for Operators of Small LP Gas Systems , U.S. Department of Transportation (April 2001 edition).

En 511.01(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)

ASME Guide for Gas Transmission and Distribution Piping Systems , Guide Material Appendix G-11A (1983 edition).

En 511.14(n)

Available for review at the Department of Energy. 21 So. Fruit Street, Suite 10, Concord, NH 03301

American National Standards Institute (ANSI)/National Fire Protection Association (NFPA) standards: 54 (National Fuel Gas Code)

En 511.02(a); En 511.08(d)); En 511.14(g)(1) 58 (Liquefied Petroleum Gas Code) En 511.01(b); En 511.02(b); En 511.08(a) and (b) En 512.03(c)(10)

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)

History

#13796, eff 10-25-23

Chapter En 600 applies to water utilities and operators in the state and governs water service by adopting the former rules in Chapter Puc 600 of the Public Utilities Commission regarding quality of service, water quality, meter accuracy and testing, equipment and facilities, records and reports, safety and inspections, accident and leak reporting, and other reporting and accounting, and applicable forms.

Part En 601 Application of Rules

N.H. Code Admin. R. Ann. En 601.01 Application of Rules {#sec-en-601.01 omnilex-key=us-nh-regs-official--agency-en--En 601.01}

En 600 shall apply to any water utility as defined in En 602.15.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 602 Definitions

N.H. Code Admin. R. Ann. En 602.01 Class A water utility {#sec-en-602.01 omnilex-key=us-nh-regs-official--agency-en--En 602.01}

"Class A water utility" means a water utility having annual water operating revenues of $750,000 or more.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.02 Class B water utility {#sec-en-602.02 omnilex-key=us-nh-regs-official--agency-en--En 602.02}

"Class B water utility" means a water utility having annual water operating revenues of $150,000 or more, but less than $750,000.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.03 Class C water utility {#sec-en-602.03 omnilex-key=us-nh-regs-official--agency-en--En 602.03}

"Class C water utility" means a water utility having annual water operating revenues of less than $150,000.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.04 Commission {#sec-en-602.04 omnilex-key=us-nh-regs-official--agency-en--En 602.04}

"Commission" means the New Hampshire public utilities commission.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.05 Customer {#sec-en-602.05 omnilex-key=us-nh-regs-official--agency-en--En 602.05}

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

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.06 Customer service pipe {#sec-en-602.06 omnilex-key=us-nh-regs-official--agency-en--En 602.06}

"Customer service pipe" means that section of service pipe from the customer's property line or the curbstop to the customer's place of consumption.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.07 Department {#sec-en-602.07 omnilex-key=us-nh-regs-official--agency-en--En 602.07}

"Department" means the New Hampshire department of energy.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.08 Franchise {#sec-en-602.08 omnilex-key=us-nh-regs-official--agency-en--En 602.08}

"Franchise" means the right to conduct business as a utility pursuant to RSA 374:22 and RSA 374:26.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.09 Meter {#sec-en-602.09 omnilex-key=us-nh-regs-official--agency-en--En 602.09}

"Meter" means a device installed by a water utility for the measurement of water quantities to be used as a basis for determining charges for water service.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.10 Normal operating pressure {#sec-en-602.10 omnilex-key=us-nh-regs-official--agency-en--En 602.10}

"Normal operating pressure" means pressure occurring between that when system storage is at the:

(a) Lowest point of its normal operating range during maximum day demand; and

(b) Highest point of its normal operating range during minimum day demand.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.11 Service connection {#sec-en-602.11 omnilex-key=us-nh-regs-official--agency-en--En 602.11}

"Service connection" means the point of connection between the customer’s service pipe and the water utility’s service line.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.12 Service entrance {#sec-en-602.12 omnilex-key=us-nh-regs-official--agency-en--En 602.12}

"Service entrance" means the point at which the customer service pipe enters the customer's building.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.13 Service pipe {#sec-en-602.13 omnilex-key=us-nh-regs-official--agency-en--En 602.13}

"Service pipe" means the connection between the water utility's main and the customer's place of consumption and includes all of the pipe, fittings, and valves necessary to make the connection.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.14 Small water system {#sec-en-602.14 omnilex-key=us-nh-regs-official--agency-en--En 602.14}

"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

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.15 Water utility {#sec-en-602.15 omnilex-key=us-nh-regs-official--agency-en--En 602.15}

"Water 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

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.16 Water utility service pipe {#sec-en-602.16 omnilex-key=us-nh-regs-official--agency-en--En 602.16}

"Water utility service pipe" means that portion of the service pipe not characterized as customer service line or pipe.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 602.17 Water service {#sec-en-602.17 omnilex-key=us-nh-regs-official--agency-en--En 602.17}

"Water service" means the furnishing of water to a customer in this state by a water utility.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 603 Service Provisions

N.H. Code Admin. R. Ann. En 603.01 Information to Customers {#sec-en-603.01 omnilex-key=us-nh-regs-official--agency-en--En 603.01}

(a) Each water utility shall, upon request, provide a customer with a copy of the most recent chemical analysis of the water supplied.

(b) Not more than one chemical analysis per customer per year shall be required pursuant to (a) above.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 603.02 Measurement of Service {#sec-en-603.02 omnilex-key=us-nh-regs-official--agency-en--En 603.02}

(a) All water sold by a water utility shall be billed on the basis of metered volume sales unless a waiver is granted by the department for unmetered service, pursuant to the waiver provisions of En 201.05.

(b) Temporary service may be provided on a flat rate basis when the use of water can be readily estimated if approved by the commission.

(c) Service of a character for which there is no rate of general application may be rendered under a special contract between the water utility and the applicant to become effective only after order of the commission pursuant to RSA 378:18.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 603.03 Meter Reading and Bill Forms {#sec-en-603.03 omnilex-key=us-nh-regs-official--agency-en--En 603.03}

(a) All meters used for metered sales shall have registration devices indicating the volume of water in either cubic feet or United States gallons. Where a constant or multiplier is necessary to convert the meter reading to cubic feet or gallons, the constant shall be plainly marked on the face of the meter.

(b) In instances where the water utility installs a remote meter read device, the meter having actual contact with water shall serve as the primary registrant and shall be the determinant for all billing and billing adjustments.

(c) A water utility shall, except as a result of weather-related emergencies or other extenuating circumstances, read the meter or remote read device of its metered customers every billing period. In no case shall it do so less than every third billing period, except as provided in (d) below.

(d) If the billing period is 6 months or longer, the water utility shall, except as a result of weather-related emergencies or other extenuating circumstances, obtain a reading of the meter or remote read device of its metered customers each billing period. In no case shall it do so less than annually.

(e) When a remote meter read device is a pulse or other non-encoder type, the water utility shall obtain a reading from the water meter itself at least every 2 years.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 603.04 Customer Relations {#sec-en-603.04 omnilex-key=us-nh-regs-official--agency-en--En 603.04}

Each water utility shall comply with the additional rules governing provision of service to customers contained in En 1200, uniform administration of utility customer relations.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 604 Quality of Water Service

N.H. Code Admin. R. Ann. En 604.01 Effluent Standards {#sec-en-604.01 omnilex-key=us-nh-regs-official--agency-en--En 604.01}

(a) Each water utility shall conform to all requirements of the New Hampshire department of environmental services for construction and operation of its water systems regarding sanitation and potability of the water.

(b) When a water utility is notified that its water quality is being investigated by the department of environmental services, the water utility under investigation shall notify the department in writing within 10 business days.

(c) The water utility referred to in (b) above shall submit to the department a final report on any such investigation or review within 10 days after final disposition of the matter.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.02 Cross-Connections {#sec-en-604.02 omnilex-key=us-nh-regs-official--agency-en--En 604.02}

Each water utility shall conform to all requirements of the department of environmental services relative to cross-connections.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.03 Pressure {#sec-en-604.03 omnilex-key=us-nh-regs-official--agency-en--En 604.03}

(a) Each water utility shall maintain normal operating pressures of not less than 20 pounds per square inch (psi) nor more than 125 psi at the service connection, subject to (b) below.

(b) For new services connected after the effective date of these rules, each water utility shall maintain normal operating pressures of not less than 30 psi nor more than 100 psi at the service entrance to each building, measured with no water flow inside the building, unless the requirements of En 604.04(d) and (f), or (g) are met.

(c) Water utilities shall make every reasonable effort to deliver normal system operating pressures within the 30 to 100 psi range to customer service locations connected prior to the effective date of these rules.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.04 Pressure Variation {#sec-en-604.04 omnilex-key=us-nh-regs-official--agency-en--En 604.04}

(a) Variations in pressure under normal operating conditions shall not exceed by one-third, either above or below, the average operating pressure, but in no case shall exceed 20 psi above or below the average operating pressure, unless the water utility obtains a waiver, pursuant to the waiver provisions of En 201.05.

(b) The average operating pressure shall be determined by computing the arithmetical average of at least 24 consecutive hourly pressure readings.

(1) Arise from unusual or extraordinary conditions;

(2) Are infrequent fluctuations not exceeding 5 minutes duration; or

(3) Arise from the operation of the customer's equipment.

(d) In systems of widely varying elevations, a water utility may undertake to furnish a new service which does not comply with the specifications contained in either (a) and (c) above or the minimum or maximum pressure requirements of En 604.03(b), if:

(1) The customer is fully advised of the conditions under which average service may be expected; and

(2) The customer's agreement is secured in writing.

(e) The water utility may require in the agreement referred to in (d) (2) above that its terms shall be binding on future customers served at the same location under similar circumstances.

(f) The water utility shall record the agreement referred to in (d)-(2) above at the appropriate registry of deeds.

(g) Except as provided in (d) above, where a water utility is providing new water service where pressures or pressure variations fail to meet the above limits, the water utility shall require installation of booster pumps, if permitted by the department of environmental services, on a case by case basis, or pressure reducing devices, by and at the expense of the customer.

(h) The water utility shall provide the appropriate remediation device as described in (g) above at its own expense for the following:

(1) A service connected on or after September 10, 2013, which:

a. Fails to meet:

The minimum and maximum pressure requirements of 30 psi and 100 psi established by En 604.03(b); or
The pressure variation criteria of this section; and

b. Is a location where the water utility has failed to apply the requirements of paragraph (d) or (g) above; or

(2) A service connected between May 4, 1982 and September 10, 2013 which:

a. Fails to meet either:

The older 20 psi minimum or the 125 psi maximum pressure criteria of En 604.03(a); or
The pressure variation criteria of this section.

(i) Services connected as provided in (h)(2) above shall be exempt from the remediation device requirement to the extent that the pressure or pressure variation requirements of (h)(2)a. were waived by an agreement recorded pursuant to (f) above or if the service was previously remediated by the customer.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.05 Pressure Surveys and Records {#sec-en-604.05 omnilex-key=us-nh-regs-official--agency-en--En 604.05}

(a) Each water utility serving 300 or more customers shall provide itself with one or more recording pressure gauges for the purpose of making pressure surveys as required by these rules.

(b) These gauges shall be suitable to record the pressure experienced on the water utility's system and shall be able to record a continuous 24-hour test.

(c) One of these recording pressure gauges shall be maintained in continuous service at some representative point on the water utility's mains in each individual service area containing 200 or more customers.

(d) At regular intervals, but not less than once in every 5 years, and when substantial changes either in demand or distribution system occur, each water utility shall make a survey of pressures in its distribution system sufficient to determine the pressures maintained at representative points on its system and to indicate compliance with the pressure requirements herein.

(e) Such surveys shall be made at or near the period of maximum usage.

(f) Water utilities serving less than 300 customers may make such tests with an indicating pressure gauge, provided however, that when no recording gauge is maintained on the system such tests shall be made annually.

(g) Each water utility shall retain for at least 2 years and shall make available for inspection by the department or its representative all pressure records obtained under this section.

(h) Reports of pressure complaints shall be made on Form E-14, which is described as En 609.05, once a month, if any occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.06 Interruptions of Service {#sec-en-604.06 omnilex-key=us-nh-regs-official--agency-en--En 604.06}

(a) Each water utility shall use all reasonable means to avoid interruptions to service, but should interruption occur service shall be re-established within the shortest time practicable, consistent with safety.

(b) When an emergency interruption of service affects any portion of the fire protection system, the water utility shall promptly notify the fire chief or other public official responsible for fire protection of such interruption and of subsequent restoration to normal service.

(c) Each water utility shall keep a record of all interruptions to service of over 30 minutes duration affecting any portion of the distribution system.

(d) A water utility shall include in the record of service interruptions required by (c) above the following:

(1) Date and time of interruption;

(2) Approximate number of customers affected;

(3) The date and time of service restoration;

(4) The cause of such interruption when known; and

(5) Steps taken to prevent its recurrence.

(e) When service is interrupted to perform scheduled work on mains or equipment, such work shall be done at a time causing minimum inconvenience to customers, consistent with the circumstances.

(f) Customers affected by such interruption shall be notified in advance, if practicable.

(g) Where any main supplying public fire protection service is interrupted, the water utility shall promptly notify the fire chief or other official responsible for fire protection, stating the approximate time and anticipated duration.

(h) The fire chief or other official responsible for fire protection shall be notified promptly upon restoration of service.

(i) Reports of service interruptions shall be made to the department on Form E-18, which is described in En 609.09, once a month, if any occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.07 Shortage of Supply {#sec-en-604.07 omnilex-key=us-nh-regs-official--agency-en--En 604.07}

(a) The water utility shall furnish a continuous and adequate supply of water to its customers and avoid any shortage or interruption of delivery thereof except when prevented from doing so by emergencies the effect of which prudent planning would not have avoided.

(b) If a water utility finds that it is necessary to restrict the use of water it shall give the department and its customers written notice, except in emergency conditions, no less than 24 hours in advance, before such restriction becomes effective.

(1) The reason for the restriction;

(2) The nature and extent of the restriction, such as restrictions on outdoor use of water or use by certain classes of customers;

(3) The date such restriction is to go into effect; and

(4) The probable date of termination of such restriction.

(d) During times of threatened or actual water shortage each water utility shall equitably apportion its available water supply among its customers with due regard to public health and safety.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 604.08 Conservation {#sec-en-604.08 omnilex-key=us-nh-regs-official--agency-en--En 604.08}

Each water utility shall comply with water conservation rules promulgated by the department of environmental services pursuant to RSA 485:61.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 605 Meter Accuracy and Testing

N.H. Code Admin. R. Ann. En 605.01 Inspection of Meters {#sec-en-605.01 omnilex-key=us-nh-regs-official--agency-en--En 605.01}

(a) All new meters shall be inspected for correctness of register size and multiplier before being installed on a customer's premises.

(b) All meters removed from service which are to be reinstalled shall be inspected for correctness of register size and multiplier.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.02 Meter Installations {#sec-en-605.02 omnilex-key=us-nh-regs-official--agency-en--En 605.02}

(a) All meters shall be in good mechanical condition and of adequate size and design for the type of service which they measure. All meters shall be checked to ensure correctness of operation when installed.

(b) Each water utility shall adopt a standard method of meter installation which includes:

(1) Providing a written description and drawings, or both, to the extent necessary to provide a clear understanding of the requirements; and

(2) Making available copies of these methods of installation to prospective customers and contractors or others engaged in the business of placing pipe for water utilization.

(c) The customer shall provide an accessible area protected from temperature variation and weather in which to set the meter which shall be located as nearly as practical to where the service pipe enters the building.

(d) If an adequate space is not provided in which to install a meter, the water utility may:

(1) Refuse service; or

(2) At the option of the customer, install an outside meter pit at the expense of the customer.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.03 Test and Calibration of Meters {#sec-en-605.03 omnilex-key=us-nh-regs-official--agency-en--En 605.03}

(a) All meters shall be tested and calibrated in accordance with the requirements set forth in this section.

(b) No meter shall be placed in service or permitted to remain in service if the error of registration exceeds specifications in (d) below.

(c) A water utility shall test all meters as specified by size in the left column, at the 3 rates of flow specified in table 6.5.1 below:

Table 6.5.1 Test Flows Required by Size of Meter

Test Flow - Gallons per Minute

Meter Size - Inches

Minimum

Medium

Maximum

5/8

1/4

5/8 x 3/4

1/4

3/4

1/2

3/4

1 1/2

100

150

200

500

(d) A meter shall be determined inaccurate and shall not be placed or returned to service if:

(1) The percent error of registration exceeds 103% or is less than 97%; or

(2) The registration at the minimum flow exceeds 103% or is less than 90%.

(e) The percent error of registration shall be taken as the algebraic sum of the errors at the intermediate and maximum rates of test flow, as set forth in the Table 6.5.1, divided by 2.

(f) Upon completion of an adjustment of any meter under the provisions of these rules, the water utility shall affix thereto a suitable seal in such a manner that the adjustment of registration of the meter cannot be tampered with without breaking the seal.

(g) At the option of the water utility, the larger size meters may be tested in place after installation.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.04 Test Schedules for Meters {#sec-en-605.04 omnilex-key=us-nh-regs-official--agency-en--En 605.04}

(a) All new meters shall be tested and calibrated before being put into service.

(b) A water utility shall not be required to report to the department new meter tests referred to in (a) above nor shall these tests be considered as periodic tests of meters in service.

(c) A water utility shall conduct tests on meters in service, according to the size of the meter in inches, in accordance with the schedule established by table 6.5.2 below:

Table 6.5.2 Testing Interval Required By Size of Meter

Size of Meter - Inches

Maximum Interval Between Tests

5/8

10 years

3/4

10 years

4 years

1 1/2

4 years

2 years

1 year

(d) All meters removed from service and not due for periodic test shall be tested before being put back into service.

(e) Source meters shall be calibrated at least every 10 years.

(f) When a customer requests that the customer’s meter be tested, a water utility:

(1) Shall test the accuracy of the customer's meter within 15 days from the time the request is made;

(2) May require a deposit and charge for meter testing in an amount in accordance with the water utility’s tariff provisions;

(3) Shall promptly refund the deposit and charge if on testing the meter is found to be over-registering by more than 3% or under-registering as described in En 605.03(d);

(4) May retain the deposit amount if the meter is found to meet the accuracy requirements of En 605.03(d);

(5) Shall permit a customer to be represented in person or by their agent when the water utility conducts the test of the meter; and

(6) Shall provide to the customer within 15 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, type, make, size, and serial number of the meter;

d. The date tested; and

e. The result of the test.

(g) When a customer makes written application to the department for testing of a meter, sometimes called referee testing, the department staff shall arrange to have the meter tested in staff’s presence as soon as is practicable.

(h) When notified of an application submitted for a referee test as provided in (g) above, the water utility shall not remove, interfere with, or adjust the meter to be tested without the written consent of the customer, and a waiver from the department, pursuant to the waiver provisions of En 201.05.

(i) A complete record of all tests and adjustments and data sufficient to allow checking of test calculations shall be recorded by the meter tester.

(j) The test record referred to in (i) above shall include:

(1) The identifying number of the meter;

(2) The type of the meter;

(3) The date and kind of tests made;

(4) The reading of that meter before making any test;

(5) The error as found at each test; and

(6) If repaired the accuracy of the meter after the final test.

(k) The complete record of tests of each meter shall be continuous for at least 2 periodic tests, and in no case for less than 2 years.

(l) Each water utility shall report to the department periodic tests of meters on Form E-15, which is described in En 609.06.

(m) Each water utility shall report requests or referee tests, referred to in (f) and (g) above, to the department on Form E-16, which is described in En 609.07, once a month, if any occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.05 Customer's Bill Adjustments {#sec-en-605.05 omnilex-key=us-nh-regs-official--agency-en--En 605.05}

(a) In meter tests made by the water utility or monitored by the department as provided by En 605.04, the correctness of registration of the meter and its performance in service shall be judged by its average error, determined in accordance with En 605.03.

(b) Any adjustment of charges which is made in accordance with this section shall be based on the average error thus derived.

(c) Whenever a meter is found to register in excess of 103% of the correct amount, the water utility shall refund to the customer an amount equal to the charge for the excess billed for the shorter of the following:

(1) The previous 12 months;

(2) A period equal to 1/2 of the time elapsed since the last test; or

(3) The period of occupancy by the customer.

(d) If the time when the error, referred to in (c) above, first developed or occurred can be definitely fixed, the amount to be refunded shall be based thereon.

(e) Whenever a meter is found to under-register as outlined in En 605.03(d), the water utility may make a charge to the customer for the unbilled amount supplied for the shorter of:

(1) The previous 12 months;

(2) A period equal to 1/2 of the time elapsed since the last test; or

(3) The period of occupancy by the customer.

(f) If a meter or remote register is found which does not register properly, the bill for the period of improper registration shall be based upon information recorded by a meter or remote register, during a period during which the device is determined to accurately record use, prior or subsequent to the period of improper registration, and any other pertinent information supplied by the customer or known to the water utility.

(g) The period for recovery of the difference between previously billed amounts and estimated actual consumption under (f) above shall not exceed 12 months.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.06 Test Facilities and Equipment {#sec-en-605.06 omnilex-key=us-nh-regs-official--agency-en--En 605.06}

(a) Each water utility furnishing metered water service shall either:

(1) Provide the necessary standard facilities, instruments, and other equipment for testing meters in compliance with these rules; or

(2) Enter into satisfactory arrangements for test of its meters by another water utility or agency equipped to test meters in compliance with these rules, subject to obtaining a waiver from the department, pursuant to the waiver provisions of En 201.05.

(b) Each water utility shall maintain or arrange for the use of a meter test shop which, insofar as practicable, shall simulate the actual service conditions.

(1) The necessary fittings, including a quick-acting valve for controlling the starting and stopping of the test; and

(2) A device for regulating the flow of water through the meter under test.

(d) The accuracy of the test equipment and test procedures shall be sufficient to enable shop test of displacement meters with an error not to exceed 0.5%.

(e) Each water utility shall maintain or arrange for the use of measuring devices for test of meters.

(f) The measuring devices required by (e) above shall consist of calibrated tanks for volumetric measurements, tanks mounted upon scales for weight measurement, or standard meters.

(g) In using the measuring devices required by (e) above the water utility shall adhere to the following test measurement standards:

(1) When a volumetric tank is used it shall be certified by the New Hampshire or local sealer of weights and measures;

(2) When a weight standard is used the scales shall be tested and certified at least once every year by the New Hampshire or local sealer of weights and measures, and a record maintained of the results of such test;

(3) Basic standards used for meter tests shall be of sufficient capacity to ensure accuracy of the test; and

(4) Standard meters may be used for the purpose of testing meters in place provided they have been tested and calibrated within the limits of accuracy required by Puc 600, either by the water utility with its volumetric or weight standard equipment or by an approved laboratory, within the previous 60 days.

(h) The water utility shall keep a record of tests referred to in 605.06(g)(4) above for a period of not less than 5 months.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 605.07 Underground Utility Damage Prevention Program {#sec-en-605.07 omnilex-key=us-nh-regs-official--agency-en--En 605.07}

All water utilities shall comply with En 800, the underground utility damage prevention program rules.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 606 Equipment and Facilities

N.H. Code Admin. R. Ann. En 606.01 Standard Practice {#sec-en-606.01 omnilex-key=us-nh-regs-official--agency-en--En 606.01}

(a) Each water utility shall construct, install, operate, and maintain its plant, structures, equipment, and mains:

(1) In accordance with applicable “American Water Works Association Standards” copyrighted by the American Water Works Association, as found in Appendix B, pursuant to the applicable standards described in N.H Code Admin. Rule Env-Dw 407.01, Standards of the American Water Works Association; and

(2) In such manner, insofar as practical:

a. To best accommodate the public; and

b. To prevent interference with service furnished by other underground facilities, including gas, electric, telephone, steam, sewer, and other underground and above ground facilities.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 606.02 Distribution System and Mains {#sec-en-606.02 omnilex-key=us-nh-regs-official--agency-en--En 606.02}

(a) Water mains shall be installed below the normal frost line or otherwise protected to prevent freezing. Mains used exclusively to provide temporary or seasonal service shall be excluded from this requirement.

(b) Insofar as practicable, the water utility shall design its distribution system so as to avoid dead ends on its mains.

(c) Where dead ends are unavoidable the water utility shall provide hydrants or valves for the purpose of flushing the mains.

(d) Where dead ends are unavoidable the water utility shall adhere to the following standards:

(1) Mains with dead ends shall be flushed as often as necessary to maintain the proper quality of the water;

(2) Records shall be kept of all flushings of mains, showing the date, place, and duration; and

(3) Flushing records shall be used as a guide in determining the necessary frequency of flushing of the same mains thereafter.

(e) Valves shall be provided at intervals in the mains sufficient to allow the water utility to facilitate repairs and minimize interruptions of service.

(f) Whenever feasible, the distribution system shall be laid out in a grid segmented so that in case of breaks or repairs the number of customers affected can be minimized.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 606.03 Fire Protection and Hydrants {#sec-en-606.03 omnilex-key=us-nh-regs-official--agency-en--En 606.03}

(a) A water utility and an applicant may negotiate regarding fire hydrants, public and private fire protection facilities, and connecting mains, as to the following:

(1) Specifications;

(2) Location;

(3) Installation;

(4) Responsibility for maintenance; and

(5) Ownership.

(b) Fire hydrants and public and private protection facilities shall be installed in conformity to the requirements of the water utility.

(c) Hydrants maintained by the water utility shall be inspected and flushed at least once each year and shall be checked for freezing as often as necessary to ensure that they are functioning properly.

(d) A record of each hydrant shall be maintained showing the size, type, location, date of inspection, and flushing and the results thereof.

(e) Reports of periodic inspection of flushing of hydrants shall be reported to the department on Form E-17, described at En 609.08 once a year.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 606.04 Valves and Service Connections {#sec-en-606.04 omnilex-key=us-nh-regs-official--agency-en--En 606.04}

(a) Each water utility shall locate, operate, and inspect each valve on its distribution system at least once every 5 years.

(b) A water utility annually shall locate, operate, and inspect valves which are:

(1) Larger than 12 inches in diameter;

(2) Located on major transmission lines; or

(3) Otherwise critical to system operation.

(c) A water utility shall keep a record of each valve showing the size, type, location, date of inspection, and the results of each inspection.

(d) Each water utility shall require that the size, design, material, and installation of the service pipe shall conform to such requirements of the water utility as may be incorporated in its rules and regulations.

(e) The water utility shall require that the minimum size of the service pipe shall not be less than 3/4 inch nominal size except under unusual circumstances, such as might exist in a residence with very low demand located very close to the main.

(f) All service pipes shall be laid at a depth sufficient to prevent freezing, except where services are not intended for use during freezing weather and are drained during such periods.

(g) Curb stops shall be placed at the customer's property line except in unusual situations such as service to an apartment or to a condominium.

(h) Each water utility shall require that the customer shall not install any tree or branch connection in the service pipe.

(i) A water utility may require the customer to leave the trench open and customer service pipe uncovered until it is inspected by the water utility and shown to be free from any irregularity or defect.

(j) Each water utility shall require the following in relation to individual service connections:

(1) Each service connection shall be provided with an individual shut-off;

(2) No tandem services shall be permitted; and

(3) Where such tandem services exist, the shut-offs necessary to comply with this requirement shall be installed.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 606.05 Disinfection of Facilities {#sec-en-606.05 omnilex-key=us-nh-regs-official--agency-en--En 606.05}

Disinfection of facilities shall be as approved by the New Hampshire department of environmental services.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 607 Records and Reports

N.H. Code Admin. R. Ann. En 607.01 Records in General {#sec-en-607.01 omnilex-key=us-nh-regs-official--agency-en--En 607.01}

All records shall be organized, arranged, or prepared to ensure that sufficient data is available to determine the status of compliance with these rules. Records pertaining to the system design or that are necessary for future evaluation of the system’s safety shall be retained for the life of the facility involved.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 607.02 Station Records {#sec-en-607.02 omnilex-key=us-nh-regs-official--agency-en--En 607.02}

Each water utility shall keep sufficient records of the operation of its pumping, filtering, chlorinating, and other units to show the characteristics and performance of each.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 607.03 Water Supply Measurement {#sec-en-607.03 omnilex-key=us-nh-regs-official--agency-en--En 607.03}

(a) Each water utility shall install a suitable measuring device at each source of supply in order that a record can be maintained of the quantity of water produced at each source.

(b) At least once each month each water utility shall determine the quantity produced from each source of supply.

(c) A water utility shall record and transmit in the water utility's annual report its 12 month totals of water supply by sources.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 607.04 System Maps {#sec-en-607.04 omnilex-key=us-nh-regs-official--agency-en--En 607.04}

(a) Each water utility shall have on file at its principal office located within New Hampshire a map, maps, or drawings showing the following:

(1) The size, character, and location of all mains including hydrants and valves;

(2) The size and location of each service connection, where practicable; and

(3) The layout of all principal pumping stations, filter, and chlorinating plants to show size, location, and character of all major equipment, pipelines, connections, valves, and other equipment used.

(b) In lieu of showing service locations on maps, referred to in (a)(2) above, a card record or other suitable means may be used.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 607.05 Meter Records {#sec-en-607.05 omnilex-key=us-nh-regs-official--agency-en--En 607.05}

(a) Each water utility shall keep records numerically arranged and classified by meter type presenting, for each meter owned and used by the water utility for any purpose, the following:

(1) Identification number;

(2) Date of purchase;

(3) Name of manufacturer;

(4) Serial number;

(5) Type;

(6) Rating; and

(7) Information as to each premises where the meter has been in service, as follows:

a. The name and address of each customer on whose premises the meter has been in service;

b. Date of installation; and

c. Date of removal.

(b) These records shall be maintained in a manner such that the date of the last test is readily ascertainable.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 607.06 Reports to Department {#sec-en-607.06 omnilex-key=us-nh-regs-official--agency-en--En 607.06}

(a) The water utility shall furnish the department with any information concerning the water utility's facilities or operations which the department shall request and need for evaluating rates, the practices of the water utility, including whether the service provided and facilities used are reasonably safe and adequate.

(b) Each water utility shall file periodic reports with the department as required by En 609.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 608 Safety and Inspections

N.H. Code Admin. R. Ann. En 608.01 Safety Instructions {#sec-en-608.01 omnilex-key=us-nh-regs-official--agency-en--En 608.01}

(a) Each water utility shall adopt comprehensive instructions for the safety of employees regarding the operation, construction, and maintenance of its plant facilities.

(b) Each water utility shall require that such employees have been properly informed of safe practices and are cognizant of all hazards involved.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 608.02 Resuscitation {#sec-en-608.02 omnilex-key=us-nh-regs-official--agency-en--En 608.02}

(a) Each water utility shall institute and maintain a program instructing its employees engaged in electrical work or work in hazardous atmospheres, such as in-ground pump stations or meter vaults, in safety procedures for resuscitation emergencies.

(b) Copies of safety procedures shall be furnished to each such employee.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 608.03 Accidents {#sec-en-608.03 omnilex-key=us-nh-regs-official--agency-en--En 608.03}

(a) Each water utility shall report to the department as soon as possible after each accident occurring in connection with the operation of its property, facilities, or services, wherein any person shall have been killed or seriously injured or whereby any serious property damage shall have 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 precautions taken, if any, to prevent recurrence.

(c) Accidents resulting in slight injuries which do not incapacitate the person injured from active work for more than 6 days in the aggregate during the 10 days immediately following injury shall not be required to be reported.

(d) The water utility shall report to the department on Form E-5W, "Utility Accident Report," described in En 609.04, any accident related to its water utility operations which is not a slight accident as described in (c) above.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 608.04 Department Inspection {#sec-en-608.04 omnilex-key=us-nh-regs-official--agency-en--En 608.04}

The department shall, from time to time, inspect the works and system of each water utility and the manner in which it has conformed and presently conforms to statutes or department or commission rules or orders.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 609 Forms to Be Filed by All Water Utilities

N.H. Code Admin. R. Ann. En 609.01 F-1C Quarterly Statement of Operations {#sec-en-609.01 omnilex-key=us-nh-regs-official--agency-en--En 609.01}

(a) Any water utility which does not file a statement of operations with the department and the commission on a monthly basis shall complete and file department "Form F-1C, Quarterly Statement of Operations" revised March 2024 with the department and the commission, available on the department’s website at www.energy.nh.gov, on a quarterly basis.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.02 F-16 Water Annual Report {#sec-en-609.02 omnilex-key=us-nh-regs-official--agency-en--En 609.02}

(a) Each "Class A" and "Class B" water utility as defined by En 602.01 and En 602.02, respectively, which maintains its books on a calendar year basis shall complete and file department Form "F-16-Water, Water Utilities – Classes A and B, Annual Report of [Exact Legal Name of Respondent]" revised March 2024, available on the department’s website at www.energy.nh.gov, and file one signed original and one electronic copy with the department and the commission annually on or before March 31st. Form “F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 609.02(e).

(b) Each "Class C" water utility as defined by En 602.03 which maintains its books on a calendar year basis shall complete and file department Form "F-16-Water, Water Utilities – Class C, Annual Report of [Exact Legal Name of Respondent]" revised March 2024, available on the department’s website at www.energy.nh.gov, and file one signed original and one electronic copy with the department and the commission annually on or before March 31st. Form “F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 609.02(e).

(c) Each "Class A" and "Class B" water utility as defined by En 602.01 and En 602.02, respectively, which maintains its books on a fiscal year basis which does not coincide with a calendar year shall complete and file utilities department Form “F-16-Water, Water Utilities – Classes A and B, Annual Report of [Exact Legal Name of Respondent]” revised March 2024, available on the department’s website at www.energy.nh.gov, and file with the department and the commission one signed original and one electronic copy by email or through the department’s electronic records filing system no later than 90 days following the close of each fiscal year. Form “F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 609.02(e).

(d) Each “Class C” water utility as defined by En 602.03 which maintains its books on a fiscal year basis which does not coincide with a calendar year shall complete and file department Form “F-16-Water, Water Utilities – Class C, Annual Report of [Exact Legal Name of Respondent]” revised March 2024, available on the department’s website at www.energy.nh.gov, and file with the department and the commission one signed original and one electronic copy by email or through the department’s electronic records filing system no later than 90 days following the close of each fiscal year. Form “F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 609.02(e).

(e) Form “F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” as required in (a) – (d) above shall be signed under oath subject to the following certification:

“We, the undersigned, _______ and _______ of the ______utility, on our oath do severally say that the foregoing report 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.”

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.03 F-22 Information Sheet {#sec-en-609.03 omnilex-key=us-nh-regs-official--agency-en--En 609.03}

(a) Each water utility shall complete and file with the department and the commission a department “Form F-22, Information Sheet” revised October 2023, available on the department’s website at www.energy.nh.gov:

(1) Annually; and

(2) Whenever any changes occur to the information included in the Form F-22 filing.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.04 E-5W Utility Accident Report {#sec-en-609.04 omnilex-key=us-nh-regs-official--agency-en--En 609.04}

(a) Each water utility shall complete and file with the department and the commission a completed department "Form E-5W, Utility Accident Report" revised March 2024, available on the department’s website at www.energy.nh.gov, within 10 working days of when a water utility accident, as described in En 608.03(a) and (c), occurs.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.05 E-14 Report of Pressure Complaints {#sec-en-609.05 omnilex-key=us-nh-regs-official--agency-en--En 609.05}

(a) Each water utility shall report to the department pressure complaints by completing and submitting department "Form E-14, Monthly Report of Pressure Complaints" revised March 2024, available on the department’s website at www.energy.nh.gov, on a monthly basis if they occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.06 E-15 Annual Report of Water Meter Tests {#sec-en-609.06 omnilex-key=us-nh-regs-official--agency-en--En 609.06}

(a) Each water utility shall complete and file with the department a report of water meter tests on department "Form E-15, Annual Report of Water Meter Tests" revised March 2024, available on the department’s website at www.energy.nh.gov, on an annual basis.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.07 E-16 Report of Water Meter Complaint Tests {#sec-en-609.07 omnilex-key=us-nh-regs-official--agency-en--En 609.07}

(a) Each water utility shall complete and file department "Form E-16, Report of Water Meter Complaint Tests" revised March 2024, available on the department’s website at www.energy.nh.gov, with the department, summarizing water meter complaint tests monthly if complaints occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.08 E-17 Annual Report of Hydrant Inspection {#sec-en-609.08 omnilex-key=us-nh-regs-official--agency-en--En 609.08}

(a) Each water utility shall complete and file department "Form E-17, Annual Report of Hydrant Inspection" revised March 2024, available on the department’s website at www.energy.nh.gov, with the department, describing its inspections of hydrants on an annual basis.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.09 E-18 Report of Interruptions of Service Over 30 Minutes Duration {#sec-en-609.09 omnilex-key=us-nh-regs-official--agency-en--En 609.09}

(a) Each water utility shall complete and file department "Form E-18, Report of Interruptions of Service over 30 Minutes Duration" revised March 2024, available on the department’s website at www.energy.nh.gov, with the department on a monthly basis summarizing interruptions to service of over 30 minutes duration, if any occur.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

N.H. Code Admin. R. Ann. En 609.10 Electronic Filing Requirements, Annual Report {#sec-en-609.10 omnilex-key=us-nh-regs-official--agency-en--En 609.10}

(a) "Electronic filing" means the filing with the department or the commission of an electronic version of a document or form.

(b) Each water utility shall, in addition to filing a completed and executed annual report in paper as required by En 609.02, electronically file with the department and the commission, to the extent practicable, in an electronic file format compatible with the computer systems of the department and the commission, a completed annual report form.

(c) The department shall maintain a list on its website of the types of electronic file formats compatible with its and the commission’s computer systems.

(d) Any small water system as defined in En 602.14 shall be exempt from the requirements of this section.

(e) Any water utility may petition the department for a one year waiver from the electronic filing requirement.

(f) In its application for a waiver under (e) above, a water utility shall describe and provide evidence to demonstrate that:

(1) It does not have the computer capability to generate electronic reports or filings due to the small size of its overall operations or its lack of computer equipment, or expertise or both;

(2) Its existing available computer systems are not compatible with the computer systems of the department or the commission and because of this incompatibility it would be prohibitively expensive or cumbersome to file electronically; or

(3) Other circumstances would make electronic filing prohibitively expensive or cumbersome.

(g) The department shall issue a waiver under (e) and (f) above if it determines that the burden on the water utility of electronic filing outweighs the benefit to the administrative process.

(h) The department shall make available to each water utility upon request an electronic version of the annual report form when the department has prepared and has available an electronic version.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Part En 610 Department Review of Requests for Rate Relief

N.H. Code Admin. R. Ann. En 610.01 Staff Review and Recommendation {#sec-en-610.01 omnilex-key=us-nh-regs-official--agency-en--En 610.01}

(a) Upon the filing of a request for rate relief with the commission pursuant to Part Puc 607, department staff shall:

(1) Verify that the small water system has complied with the requirements set forth in Puc 607.02 and Puc 607.03;

(2) Review all information acquired pursuant to the requirements of Puc 607.02; and

(3) Make a recommendation to the commission that the requested increase, or some modification thereof, be approved or denied based on the criteria set forth by these rules, commission’s rules, RSA 378, and the opinions of the New Hampshire supreme court.

(b) Department staff shall file and serve a copy of its recommendation on the petitioning small water utility in accordance with commission’s rules.

(c) The petitioning small water utility shall serve a copy of the department staff recommendation upon the customers of the small water utility and the municipalities in which those customers reside at the time the recommendation is filed with the commission.

Appendix A

Rule

Specific State Statute the Rule Implements

En 601.01 – En 602.17

RSA 12-P:5, IV, RSA 362, et seq.

En 603.01 – En 603.04

RSA 12-P:5, IV; RSA 370:1-8; RSA 374:3

En 604.01 – En 604.08

RSA 12-P:5, IV; RSA 370:1-8; RSA 374:1, 3

En 605.01 – En 605.06

RSA 12-P:5, IV, RSA 370:1-8

En 605.07

RSA 12-P:5, IV, RSA 374: 48-56

En 606.01 – En 606.05

RSA 12-P:5, IV, RSA 370:1-8; RSA 374:3

En 607.01 – En 607.06

RSA 12-P:5, IV, RSA 374:3, 4, 5, 15

En 608.01 – En 608.04

RSA 12-P:5, IV, RSA 374:3, 4, 15, 37-39

En 609.01 – En 609.02

RSA 12-P:5, IV, RSA 374:15

En 609.03

RSA 12-P:5, IV; RSA 374:15

En 609.04 – En 609.05

RSA 12-P:5, IV, RSA 374:15

En 609.06

RSA 12-P:5, IV, RSA 374:15, 37-39

En 609.07 – En 609.10

RSA 12-P:5, IV, RSA 370:2-5; RSA 374:15

En 610.01

RSA 12-P:3, III, RSA 12-P:5, IV, 374:3, 15

Appendix B

DOCUMENTS INCORPORATED BY REFERENCE

FEDERAL STANDARDS AND FORMS

Rule

Title

Publisher; How to Obtain; and Cost

En 606.01(a)(1)

American Water Works Association Standards

The American Water Works Association website, https://www.awwa.org/Publications/Standards, at a cost of $142 per standard.

History

#13911, eff 3-21-24 (see Revision Note at chapter heading for En 600)

Chapter En 700 reflects the division of sewer utility service regulatory responsibilities between the Department and the Public Utilities Commission. Chapter En 700 applies to sewer utilities and operators in the state and governs sewer service by adopting the former Puc 700 rules regarding quality of service, meter accuracy and testing, equipment and facilities, records and reports, safety and inspections, accident and leak reporting, other reporting and accounting, and applicable forms. The exception is the addition of En 705.02 that utilities comply with the Underground Utility Damage Prevention Program consistent with the same rule contained in Chapter Puc 600 and in the new Chapter En 600 on rules for water service.

Part En 701 Application of Rules

N.H. Code Admin. R. Ann. En 701.01 Application of Rules {#sec-en-701.01 omnilex-key=us-nh-regs-official--agency-en--En 701.01}

These rules shall apply to every sewer utility as defined in En 702.11.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 702 Definitions

N.H. Code Admin. R. Ann. En 702.01 Commission {#sec-en-702.01 omnilex-key=us-nh-regs-official--agency-en--En 702.01}

"Commission" means the New Hampshire public utilities commission.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.02 Customer {#sec-en-702.02 omnilex-key=us-nh-regs-official--agency-en--En 702.02}

"Customer" means any person, firm, corporation, municipality, or any other entity being supplied sewage disposal service by a sewer utility.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.03 Department {#sec-en-702.03 omnilex-key=us-nh-regs-official--agency-en--En 702.03}

"Department" means the New Hampshire department of energy.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.04 Main {#sec-en-702.04 omnilex-key=us-nh-regs-official--agency-en--En 702.04}

"Main" means a sewage pipe owned, operated, or maintained by a sewer utility which is used to transport sewage from the service pipe to the point of disposal.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.05 Meter {#sec-en-702.05 omnilex-key=us-nh-regs-official--agency-en--En 702.05}

"Meter" means a device installed by a sewer utility for the measurement of water quantities to be used as a basis for determining charges for water service.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.06 Septic pumping {#sec-en-702.06 omnilex-key=us-nh-regs-official--agency-en--En 702.06}

"Septic pumping" means the removal of sludge and scum from a septic or holding tank system for transport to appropriate disposal facilities.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.07 Service pipe {#sec-en-702.07 omnilex-key=us-nh-regs-official--agency-en--En 702.07}

"Service pipe" means the sewer utility-owned pipe used to transport sewage from the customer-owned service pipe to the main.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.08 Sewage {#sec-en-702.08 omnilex-key=us-nh-regs-official--agency-en--En 702.08}

"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

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.09 Sewage disposal service {#sec-en-702.09 omnilex-key=us-nh-regs-official--agency-en--En 702.09}

"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

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.10 Sewage disposal system {#sec-en-702.10 omnilex-key=us-nh-regs-official--agency-en--En 702.10}

"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 sewer utility in connection with the sewage disposal service to its customers.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.11 Sewer utility {#sec-en-702.11 omnilex-key=us-nh-regs-official--agency-en--En 702.11}

"Sewer 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

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.12 Water service {#sec-en-702.12 omnilex-key=us-nh-regs-official--agency-en--En 702.12}

"Water service" means the furnishing of water to a customer in this state by a water utility.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 702.13 Water utility {#sec-en-702.13 omnilex-key=us-nh-regs-official--agency-en--En 702.13}

"Water 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 supplying of water to the public, or engaged in the transmission or sale of water ultimately sold to the public within New Hampshire.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 703 Service Provisions

N.H. Code Admin. R. Ann. En 703.01 Customer Bill Adjustments {#sec-en-703.01 omnilex-key=us-nh-regs-official--agency-en--En 703.01}

(a) Where the sewage disposal service to a customer is billed based on metered water consumption as measured by the water meter of the serving water utility, and where the water meter is found to be inaccurate, the customer's sewer bill shall be adjusted accordingly, following the corresponding rules for adjusting the customer's water bill contained in En 605.05.

(b) Where the sewage utility service to a customer is measured by the sewage meter of the serving sewer utility, and where the meter is found to be inaccurate, the customer's bill shall be adjusted accordingly, following the corresponding rules set out at En 605.05 for adjusting the customer's water bill.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 703.02 Discontinuance of Service {#sec-en-703.02 omnilex-key=us-nh-regs-official--agency-en--En 703.02}

(a) Sewer service shall not be disconnected due to nonpayment.

(b) If the utility is a combined water and sewer utility, it may discontinue water service for nonpayment of sewer bills. Discontinuance of water service by either a water utility or a combined water and sewer utility shall be carried out in accordance with En 1203.11.

(c) A sewer utility may contract with a serving water utility to discontinue water service for nonpayment of sewer utility bills. The water utility shall comply with En 1203.11, and any such contract shall be consistent with the criteria contained in En 1203.11.

(d) The contract between the sewer and water utilities in (c) above shall contain specific provisions regarding responsibilities involving notice of termination, termination, reconnection, and fair and reasonable compensation based on the actual cost to the water utility of providing such service.

(e) Compensation referred to in (d) above shall be based on disconnection and reconnection charges in the water utility's tariff or as otherwise agreed to by the parties.

(f) The contract between the water utility and the sewer utility referred to in (c) above shall be submitted to the department for approval based on a determination of the contract’s adherence to the requirements of this rule and consistency with En 1203.11. No water utility shall terminate service based on nonpayment of a sewer utility bill before the department approves its contract with the sewer utility.

(g) The sewer utility shall send written notice to the customer of its intent to request the termination of its water service pursuant to the requirements contained in and referenced in En 1203.11(b).

(h) One working day prior to the chosen disconnect date the sewer utility shall contact the water utility with which it has contracted for disconnection to confirm the need for disconnection.

(i) The sewer utility shall notify the water utility with which the sewer utility has contracted for disconnection when the cause for disconnection has been removed. Upon receipt of such notice the water utility shall restore water service pursuant to En 1203.13 (c) and (d).

(j) Reconnection of water service which has been terminated for nonpayment of sewer bills shall be subject to the fees of both the water utility and the sewer utility involved as provided in their respective tariffs or as otherwise agreed to by the parties as provided in (e) above.

(k) A sewer utility shall not charge for reconnection of service when the cause for disconnection was not in compliance with this section or with applicable provisions of En 1203.11.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 703.03 Customer Relations {#sec-en-703.03 omnilex-key=us-nh-regs-official--agency-en--En 703.03}

Each sewer utility shall comply with rules governing provision of service to customers contained in En 1200, uniform administration of utility customer relations.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 704 Quality of Service

N.H. Code Admin. R. Ann. En 704.01 Effluent Standards {#sec-en-704.01 omnilex-key=us-nh-regs-official--agency-en--En 704.01}

(a) The sewer utility shall not receive for treatment or allow the discharge into the sewage disposal system any of the following:

(1) Any substance of a type or quality or in a quantity which would impair its ability to render sewer service;

(2) Any substance which is not sewage, including but not limited to the following:

a. Solid waste;

b. Corrosive or toxic industrial waste;

c. Flammable or explosive materials;

d. Rainwater from roofs, streets, or other areas;

e. Storm or surface water; and

f. Ground water from foundation drains; and

(3) Any substance prohibited by the United States Environmental Protection Agency, the New Hampshire department of environmental services, the sewer utility's tariff, or any applicable municipal ordinance.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 704.02 Cross-Connections {#sec-en-704.02 omnilex-key=us-nh-regs-official--agency-en--En 704.02}

(a) No physical connection shall be permitted, except as provided in (b) below, including but not limited to connections of the following types:

(1) Between one sewer system and another;

(2) Between a sewer system and a stream; or

(3) Between a sewer system and a public or private water supply.

(b) This section shall not prohibit a sewer utility which has received all federal, state, and municipal approval in connection therewith, from:

(1) Discharging treated effluent from a sewage treatment facility in accordance with such approvals; or

(2) Transmitting sewage from one sewer system to another, in accordance with such approvals, for treatment.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 704.03 Interruptions of Service {#sec-en-704.03 omnilex-key=us-nh-regs-official--agency-en--En 704.03}

(a) Each sewer utility shall use all reasonable means to avoid interruptions to service.

(b) Should interruption of service occur, the sewer utility shall re-establish service within the shortest time practicable, consistent with safety.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 705 Equipment and Facilities

N.H. Code Admin. R. Ann. En 705.01 Construction and Maintenance {#sec-en-705.01 omnilex-key=us-nh-regs-official--agency-en--En 705.01}

Each sewer utility shall construct, install, operate, and maintain its plant, structures, equipment, and mains in accordance with good engineering practice, and in such manner to best accommodate the public, and to prevent interference with service furnished by other underground or above ground facilities, including electric, telephone, water, gas, or steam equipment or facilities, insofar as practical.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 705.02 Underground Utility Damage Prevention Program {#sec-en-705.02 omnilex-key=us-nh-regs-official--agency-en--En 705.02}

All sewer utilities shall comply with En 800, the underground utility damage prevention program rules.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 706 Records and Reports

N.H. Code Admin. R. Ann. En 706.01 Records in General {#sec-en-706.01 omnilex-key=us-nh-regs-official--agency-en--En 706.01}

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 706.02 Station Records {#sec-en-706.02 omnilex-key=us-nh-regs-official--agency-en--En 706.02}

Each sewer utility shall keep sufficient records of the operation of its pumping, treatment, and other units to show the characteristics and performance of each.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 706.03 System Maps {#sec-en-706.03 omnilex-key=us-nh-regs-official--agency-en--En 706.03}

(a) Each sewer utility shall have on file at its principal office located within New Hampshire a suitable map, maps, or drawings showing the following:

(1) Size, character, and location of all mains, service pipes, including disposal points, and manholes;

(2) Location and layout of all treatment plants and pumping stations; and

(3) Description of service area.

(b) In lieu of showing service locations on maps, referred to in (a)(1) above, a card record or other suitable means may be used.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 706.04 Reports to Department {#sec-en-706.04 omnilex-key=us-nh-regs-official--agency-en--En 706.04}

(a) The sewer utility shall furnish the department with any information concerning the sewer utility's facilities or operations which the department shall request and need for evaluating rates and the practices of the sewer utility.

(b) Each utility shall file periodic reports with the department as required by En 708.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 707 Safety and Inspections

N.H. Code Admin. R. Ann. En 707.01 Safety Instructions {#sec-en-707.01 omnilex-key=us-nh-regs-official--agency-en--En 707.01}

(a) Each sewer utility shall adopt comprehensive instructions for the safety of employees regarding the operation, construction, and maintenance of its plant and facilities.

(b) Each sewer 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, including those involving exposure to hazardous atmospheres.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 707.02 Resuscitation {#sec-en-707.02 omnilex-key=us-nh-regs-official--agency-en--En 707.02}

(a) Each sewer utility shall institute and maintain a program instructing its employees engaged in electrical work or work in hazardous atmospheres, such as in-ground pump stations or meter vaults, in safety procedures for resuscitation emergencies.

(b) The sewer utility shall furnish copies of the relevant safety procedures to each such employee.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 707.03 Accidents {#sec-en-707.03 omnilex-key=us-nh-regs-official--agency-en--En 707.03}

(a) Each sewer utility shall report to the department as soon as possible after each accident occurring in connection with the operation of its property, facilities, or services, wherein any person shall have been killed or seriously injured or whereby serious property damage has been caused.

(b) The first report of an accident may be preliminary, but, if so, shall be followed by as full a statement as possible of the cause and details of the accident and the precautions taken, if any, to prevent recurrence.

(d) The sewer utility shall report on department “Form E-5S, Utility Accident Report Form," revised March 2024 described in En 708.01, to the department any accident related to its sewer utility operations which is not a slight accident as described in (c) above.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 707.04 Department Inspection {#sec-en-707.04 omnilex-key=us-nh-regs-official--agency-en--En 707.04}

The department shall, from time to time, inspect the works and system of each sewer utility and the manner in which it has conformed and presently conforms to statutes or department or commission rules or orders.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Part En 708 Forms to Be Filed

N.H. Code Admin. R. Ann. En 708.01 E-5 - Utility Accident Report {#sec-en-708.01 omnilex-key=us-nh-regs-official--agency-en--En 708.01}

(a) Each sewer utility shall complete and file with the department and the commission a department “Form E-5S, Utility Accident Report,” revised March 2024, available on the department’s website at www.energy.nh.gov, within 10 working days of when a sewer utility accident, as described in En 707.03 (a) and (d), occurs.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 708.02 E-16 Report of Sewer Meter Complaint Tests {#sec-en-708.02 omnilex-key=us-nh-regs-official--agency-en--En 708.02}

(a) Each sewer utility shall report by completing and submitting department “Form E-16, Report of Sewer Meter Complaint Tests,” revised March 2024, available on the department’s website at www.energy.nh.gov, to the department monthly if water or sewer meter complaints occur, the former if the sewage service is being measured by the water meter.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 708.03 F-16-Sewer Utilities Annual Report {#sec-en-708.03 omnilex-key=us-nh-regs-official--agency-en--En 708.03}

(a) Each sewer utility which maintains its books on a calendar year basis shall complete and file department form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” revised March 2024, available on the department’s website at www.energy.nh.gov, and file one signed original and one electronic copy with the department and the commission annually on or before March 31st. Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 708.03(d).

(b) Each sewer utility which maintains its books on a fiscal year basis which does not coincide with a calendar year shall complete and file department Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” revised March 2024, available on the department’s website at www.energy.nh.gov, and file with the department and the commission one signed original and one electronic copy by email or through the department’s electronic records filing system no later than 90 days following the close of each fiscal year. Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 708.03(d).

(c) Each sewer utility shall comply with the electronic filing requirement regarding department form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent],” revised March 2024, available on the department’s website at www.energy.nh.gov, as provided in En 708.05. Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath subject to the certification set forth in En 708.03(d).

(d) Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]” as required in (a) – (c) above shall be signed under oath subject to the following certification:

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 708.04 F-22 Information Sheet {#sec-en-708.04 omnilex-key=us-nh-regs-official--agency-en--En 708.04}

(a) Each sewer utility shall complete and file with the department and the commission a completed department “Form F-22, Information Sheet” revised October 2023, available on the department’s website at www.energy.nh.gov:

(1) Annually; and

(2) Whenever any changes occur to the information included in the form F-22 filing.

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

N.H. Code Admin. R. Ann. En 708.05 Electronic Filing Requirement, Annual Report {#sec-en-708.05 omnilex-key=us-nh-regs-official--agency-en--En 708.05}

(a) "Electronic filing" means the filing with the department or the commission of an electronic version of a document or form.

(b) The department shall maintain a list on its web site of the types of electronic file formats compatible with its and the commission’s computer systems.

(d) Any sewer utility may petition the department for a one-year waiver from the electronic filing requirement pursuant to the waiver provisions of En 201.05.

(e) In its application for a waiver under (d) above, a sewer utility shall describe and provide evidence to demonstrate that:

(1) It does not have the computer capability to generate electronic reports or filings due to the small size of its overall operations or its lack of computer equipment, expertise, or both; or

(3) Other circumstances would make electronic filing prohibitively expensive or cumbersome.

(f) The department shall issue a waiver under (d) and (e) above if it determines that the burden on the sewer utility of electronic filing outweighs the benefit to the administrative process.

(g) The department shall make available to each sewer utility upon request an electronic version of the annual report form when the department has prepared and has available an electronic version.

APPENDIX A

Rule

Specific State Statute the Rule Implements

En 701.01 – En 702.13

RSA 12-P:5, IV; RSA 362, et seq.

En 703.01 – En 703.03

RSA 12-P:5, IV; RSA 370:1-8; RSA 374:3

En 704.01 – En 704.03

RSA 12-P:5, IV; RSA 370:2

En 705.01 – En 705.02

RSA 12-P:5, IV; RSA 374:3, 48-56

En 706.01 – En 706.04

RSA 12-P:5, IV; RSA 374:4, 13

En 707.01 – En 707.04

RSA 12-P:5, IV; RSA 374:3, 4, 37-39

En 708.01

RSA 12-P:5, IV; RSA 374:3, 4, 15, 39

En 708.02

RSA 12-P:5, IV; RSA 370:2-5; RSA 374:4, 15

En 708.03

RSA 12-P:5, IV; RSA 374:4, 13, 15

En 708.04 – En 708.05

RSA 12-P:5, IV; RSA 374:4, 15

History

#13912, eff 3-21-24 (see Revision Note at chapter heading for En 700)

Chapter En 800 Underground Utility Damage Prevention Program

Part En 801 Application of Rules

N.H. Code Admin. R. Ann. En 801.01 Purpose {#sec-en-801.01 omnilex-key=us-nh-regs-official--agency-en--En 801.01}

(a) The purpose of En 800 is to protect the public, operators, and excavators from physical harm, damages, and interrupted service resulting from damage to underground facilities.

(b) En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 801.02 Application {#sec-en-801.02 omnilex-key=us-nh-regs-official--agency-en--En 801.02}

(a) Each operator, as defined in En 802.12, shall:

(1) Comply with En 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 En 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 En 800.

History

#14062, eff 8-21-24

Part En 802 Definitions

N.H. Code Admin. R. Ann. En 802.01 Blasting {#sec-en-802.01 omnilex-key=us-nh-regs-official--agency-en--En 802.01}

"Blasting" means "blasting" as defined in RSA 374:48, VIII, namely, "excavation by means of explosives."

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.02 Damage {#sec-en-802.02 omnilex-key=us-nh-regs-official--agency-en--En 802.02}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.03 Department {#sec-en-802.03 omnilex-key=us-nh-regs-official--agency-en--En 802.03}

"Department" means the New Hampshire department of energy.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.04 Emergency situation {#sec-en-802.04 omnilex-key=us-nh-regs-official--agency-en--En 802.04}

"Emergency situation" means a circumstance 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.05 Excavation {#sec-en-802.05 omnilex-key=us-nh-regs-official--agency-en--En 802.05}

"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 grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location."

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.06 Excavator {#sec-en-802.06 omnilex-key=us-nh-regs-official--agency-en--En 802.06}

"Excavator" means "excavator" as defined in RSA 374:48, IV, namely, "any person performing an excavation."

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.07 Extraordinary circumstances {#sec-en-802.07 omnilex-key=us-nh-regs-official--agency-en--En 802.07}

"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 En 800, including, but not limited to, hurricanes, tornadoes, floods, ice or snow, and acts of God.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.08 Hand digging {#sec-en-802.08 omnilex-key=us-nh-regs-official--agency-en--En 802.08}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.09 Holiday {#sec-en-802.09 omnilex-key=us-nh-regs-official--agency-en--En 802.09}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.10 Locator {#sec-en-802.10 omnilex-key=us-nh-regs-official--agency-en--En 802.10}

"Locator" means a person acting on behalf of an operator to identify and mark the locations of underground facilities in accordance with En 806.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.11 Notification center {#sec-en-802.11 omnilex-key=us-nh-regs-official--agency-en--En 802.11}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.12 Operator {#sec-en-802.12 omnilex-key=us-nh-regs-official--agency-en--En 802.12}

"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." This term also includes any rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 362:2, II, and any provider of voice over internet protocol service as defined in RSA 362:7, I(d) or IP-enabled service as defined in RSA 362:7, I(e).

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.13 Person {#sec-en-802.13 omnilex-key=us-nh-regs-official--agency-en--En 802.13}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.14 Premark {#sec-en-802.14 omnilex-key=us-nh-regs-official--agency-en--En 802.14}

"Premark" means identifying the perimeter of the proposed site of an excavation by marking the perimeter in an appropriate manner as required in these rules.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.15 System {#sec-en-802.15 omnilex-key=us-nh-regs-official--agency-en--En 802.15}

"System" means "system" as defined in RSA 374:48,VI, namely, "the underground facility damage prevention system referred to in RSA 374:49."

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.16 Tolerance zone {#sec-en-802.16 omnilex-key=us-nh-regs-official--agency-en--En 802.16}

"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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 802.17 Underground facility {#sec-en-802.17 omnilex-key=us-nh-regs-official--agency-en--En 802.17}

"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

#14062, eff 8-21-24

Part En 803 System Requirements

N.H. Code Admin. R. Ann. En 803.01 Procedures and Operation of Notification Center {#sec-en-803.01 omnilex-key=us-nh-regs-official--agency-en--En 803.01}

(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 En 805.01(c); 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 En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 803.02 Education and Training {#sec-en-803.02 omnilex-key=us-nh-regs-official--agency-en--En 803.02}

(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

#14062, eff 8-21-24

Part En 804 Duties of Operators

N.H. Code Admin. R. Ann. En 804.01 Reporting Requirements for Operators of Underground Facilities {#sec-en-804.01 omnilex-key=us-nh-regs-official--agency-en--En 804.01}

(a) Each operator shall notify the department as soon as reasonably possible, which in any event shall be within 24 hours of when it receives an excavator's notification or otherwise has reason to believe that damage as defined in En 802.02, has occurred to its underground facilities. Operator notification to the department shall be sufficient if it includes the date, time, and location of the damage, as well as all other information included in an excavator's notification to the operator, whether or not verified or confirmed by the operator.

(b) Each operator shall complete and file "Form E-26, Report of Probable Violation of Underground Utility Regulations and/or Damage to Underground Facilities," revised August 2024, available on the department's website at www.energy.nh.gov, to the department as soon as reasonably possible, which in any event shall be within 20 days of when it receives an excavator's notification or otherwise has reason to believe that damage has occurred to its underground facilities.

(c) Operators shall complete and file a negative report on department "Form E-26 Report of Probable Violation of Underground Utility Regulations and/or Damage to Underground Facilities," revised August 2024, available on the department’s website at www.energy.nh.gov, with the department on or before the 3rd business day of the following month when there are no violations or written reports of probable violations of En 800, damage to underground facilities, or both.

(d) The operator shall send the reporting form required by this section, accompanied by, where applicable, any troubleman's report, technician's report, other operator report, and any other incident report, to the department's "enforcement division," at the mailing address or email address listed on department 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 804.02 Notification Requirements {#sec-en-804.02 omnilex-key=us-nh-regs-official--agency-en--En 804.02}

(a) Any operator who owns or operates 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;

(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; 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 En 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 En 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 En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 804.03 Training of Locators {#sec-en-804.03 omnilex-key=us-nh-regs-official--agency-en--En 804.03}

(a) Locators shall be trained in accordance with the National Utility Locating Contractors Association (NULCA) Professional Competence Standards for Locating Technicians, Fifth Edition 2017, available as noted in Appendix B, including the competencies as described in (b) below.

(b) If not already specifically included in the above, training programs for locators shall be supplemented to include 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

#14062, eff 8-21-24

Part En 805 Duties of an Excavator

N.H. Code Admin. R. Ann. En 805.01 Notification Required Prior to Excavation {#sec-en-805.01 omnilex-key=us-nh-regs-official--agency-en--En 805.01}

(a) No person shall perform an excavation within 100 feet of an underground facility, except in an emergency situation pursuant to En 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) Excessive notifications by the same excavator on the same day may constitute extraordinary circumstances causing an operator to be unable to designate the location of underground facilities in a timely manner as required in En 806.02. It shall be presumed to be an extraordinary circumstance causing an operator to be unable to designate the locations of underground facilities as required in En 806.02 when the same excavator makes in excess of 15 notifications on the same day, provided that the operator complies with En 806.01(g) with respect to the notifications in excess of 15.

(e) 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 subcontractor 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:

a. Latitude and longitude coordinates if known;

b. Two cross street locations if applicable;

c. Notable landmarks;

d. Utility pole numbers that are verifiable in the field; and

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.

(f) 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.

(g) The excavator shall premark in a way that does not interfere with traffic or pedestrian control and is not misleading to the general public.

(h) 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.

(i) 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 and any other potentially affected member of the notification center who owns or operates an underground facility, 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.

(j) If an excavation is over 100 feet in length, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, as well as any member of the notification center who owns or operates an affected underground facility, 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

(k) 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 En 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.

(l) 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 (e)(3) above.

(m) 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 (e)(3) above; and

(5) Otherwise complies with En 800, RSA 374:48-56, and other applicable law.

(n) 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 805.02 Excavation That Affects the Tolerance Zone {#sec-en-805.02 omnilex-key=us-nh-regs-official--agency-en--En 805.02}

(a) Any person conducting excavation activity that affects the tolerance zone surrounding an underground facility at all times shall exercise 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 En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 805.03 Emergency Situations {#sec-en-805.03 omnilex-key=us-nh-regs-official--agency-en--En 805.03}

(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 En 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 En 805.01 with respect to excavation in the emergency situation, provided the excavator provides the subsequent notice required in En 805.03(a).

(d) Nothing in this section shall relieve the excavator from liability if:

(1) The excavator damages an underground facility which has been properly marked; or

(2) The excavation does not qualify as an emergency situation.

(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) The parties may request a determination by the department regarding whether a situation is, or was, an emergency situation, by setting forth in writing directed to the director of the department’s enforcement division the facts supporting the assertion that the excavation was necessary to respond to an emergency situation and specifically identifying the dangerous condition involved, and the department shall make such a determination using a non-adjudication process based on a review of the facts of the situation and the definition of emergency situation.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 805.04 Blasting {#sec-en-805.04 omnilex-key=us-nh-regs-official--agency-en--En 805.04}

(a) If 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 En 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 4 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 805.05 Damage to an Underground Facility {#sec-en-805.05 omnilex-key=us-nh-regs-official--agency-en--En 805.05}

When an excavator causes any damage to an underground facility not owned or operated by the excavator, the excavator shall:

(a) Call 911 when:

(1) A gas underground facility is damaged and there is a release of gas;

(2) An electric underground facility is damaged and an excavator is informed that someone may have received an electrical shock or the excavator otherwise determines that a person may have received an electric shock; or

(3) Any other facility is damaged and public safety is affected;

(b) Evacuate nearby structures if necessary;

(d) Attempt no repairs, unless directed to by the facility owner or operator;

(e) Call the notification center at 811 or 888-"DIG-SAFE"; and

(f) Report the damage within 72 hours excluding weekends and holidays to the department by electronic mail on department "Form SNU-0401, Report of Probable Violation of Underground Utility Regulations and/or Damage to Underground Facilities, Non-Utility Report," revised August 2024 and available at the department website at www.energy.nh.gov.

History

#14062, eff 8-21-24

Part En 806 Marking the Tolerance Zone

N.H. Code Admin. R. Ann. En 806.01 Tolerance Zone {#sec-en-806.01 omnilex-key=us-nh-regs-official--agency-en--En 806.01}

(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 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 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 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 En 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 En 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 En 806.01(a)(2), over the centerline of each facility.

(g) In the event the operator or member who owns 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 806.02 Markers {#sec-en-806.02 omnilex-key=us-nh-regs-official--agency-en--En 806.02}

(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 En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 806.03 Identification {#sec-en-806.03 omnilex-key=us-nh-regs-official--agency-en--En 806.03}

(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 En 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 806.04 Emergency Procedures {#sec-en-806.04 omnilex-key=us-nh-regs-official--agency-en--En 806.04}

Each operator and member of the notification center who owns or operates an underground facility, shall develop internal practices and procedures to:

(a) Receive and respond to emergency notifications; and

(b) Mark the location of facilities in emergency situations.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 806.05 Marking Certain Newly Installed Underground Facilities {#sec-en-806.05 omnilex-key=us-nh-regs-official--agency-en--En 806.05}

(a) Upon completing the installation of new underground facilities within an area that has been subject to excavator notification and premarking pursuant to En 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 En 806.01, En 806.02, En 806.03, and En 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

#14062, eff 8-21-24

Part En 807 Enforcement Procedures

N.H. Code Admin. R. Ann. En 807.01 Investigation of Complaints {#sec-en-807.01 omnilex-key=us-nh-regs-official--agency-en--En 807.01}

(a) The notification center shall institute procedures to receive and resolve complaints of excavators, operators, owners of underground facilities, members, and the general public, but nothing contained herein precludes any private cause of action for damages, including for wanton, intentional, or other unlawful conduct.

(b) Owners and operators of underground facilities shall institute procedures to receive and resolve complaints of excavators and the general public.

(c) The department staff shall consider and decide unresolved complaints pursuant to the procedures established in En 807.02 through 807.07.

(d) An unresolved dispute relating to En 800 which is appealed in writing shall be treated as a request for an adjudicatory proceeding pursuant to the procedures established in En 200.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.02 Notice of Probable Violation {#sec-en-807.02 omnilex-key=us-nh-regs-official--agency-en--En 807.02}

(a) In the event the department staff determines that a probable violation of RSA 374:48-56, En 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 department staff shall send information regarding the NOPV by email or by regular or certified mail to the party noticed in the NOPV.

(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 374:55 in the event of an unfavorable determination; and

(4) Procedures for resolving the probable violation.

(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 En 800.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.03 Responses to Notice of Probable Violation {#sec-en-807.03 omnilex-key=us-nh-regs-official--agency-en--En 807.03}

(a) Upon receipt of the NOPV, the respondent shall either:

(1) Submit to the department 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 department staff to examine the basis of the probable violation; or

(3) Execute a consent agreement with the department resolving the probable violation.

(b) If the respondent requests an informal conference pursuant to (a)(2) above, the department staff shall set a date and time for the informal conference.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.04 Notice of Violation {#sec-en-807.04 omnilex-key=us-nh-regs-official--agency-en--En 807.04}

(a) If, after reviewing testimony and any other evidence obtained in writing or conferences, the department or department staff involved in the damage prevention program determines that a violation of RSA 374:48-56, or En 800 has occurred, the department or department 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 department 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

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.05 Response to Notice of Violation {#sec-en-807.05 omnilex-key=us-nh-regs-official--agency-en--En 807.05}

Within 10 days from receipt of the NOV, the respondent shall either:

(a) Sign a consent agreement and remit the civil penalty; or

(b) File a request in writing for a hearing before the department.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.06 Department Action {#sec-en-807.06 omnilex-key=us-nh-regs-official--agency-en--En 807.06}

(a) The department shall act upon staff's recommendation unless the respondent requests a hearing pursuant to En 807.05(b).

(b) Upon receipt of a hearing request under En 807.05(b), the department shall provide the respondent with notice and an opportunity for a hearing, held pursuant to En 200.

(c) At any hearing held under (b) above, the respondent shall have an opportunity to present evidence disputing the department's determination.

History

#14062, eff 8-21-24

N.H. Code Admin. R. Ann. En 807.07 Civil Penalties {#sec-en-807.07 omnilex-key=us-nh-regs-official--agency-en--En 807.07}

(a) If the department or designated department staff within the division of enforcement finds reason to issue an NOV, the department or designated department staff shall determine whether to assess a civil penalty and the amount thereof 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, the gravity of the violation, the degree of culpability of the respondent, and the cooperativeness of respondent, with weight to be given to compliance with En 805.05, 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

En 801.01

RSA 374:50; RSA 374:55,VII

En 801.02

RSA 374:50

En 802.01

RSA 374:50; RSA 374:48,VIII

En 802.02

RSA 374:50; RSA 374:48, I

En 802.03

RSA 374:50

En 802.04

RSA 374:50

En 802.05

RSA 374:50; RSA 374:48, III

En 802.06

RSA 374:50; RSA 374:48, IV

En 802.07

RSA 374:50

En 802.08

RSA 374:50

En 802.09

RSA 374:50; RSA 288:1; RSA 288:2

En 802.10

RSA 374:50

En 802.11

RSA 374:50

En 802.12

RSA 374:50; RSA 374:48, IV-a; RSA 362:2, II; RSA 362:7, III(e)

En 802.13

RSA 374:50; RSA 374:48, V

En 802.14

RSA 374:50; RSA 374:51, IV

En 802.15

RSA 374:50; RSA 374:48, I

En 802.16

RSA 374:50

En 802.17

RSA 374:50; RSA 374:48, VII

En 803.01

RSA 374:50, I; RSA 374:49, RSA 374:52

En 803.02

RSA 374:50, I

En 804.01

RSA 374:50

En 804.02

RSA 374:50; RSA 374:49; RSA 374:52

En 804.03

RSA 374:50

En 805.01

RSA 374:50, I; RSA 374:51

En 805.02

RSA 374:50

En 805.03

RSA 374:50; III; RSA 374:51, I

En 805.04

RSA 374:50; RSA 374:51,VII

En 805.05

RSA 374:50; RSA 374:54; 49 C.F.R. §198.55(a)(6) (iii)(A)

En 806.01

RSA 374:50; RSA 374:53

En 806.02

RSA 374:50; RSA 374:53

En 806.03

RSA 374:50; RSA 374:53

En 806.04

RSA 374:50, III

En 806.05

RSA 374:50; RSA 374:53

En 807.01

RSA 374:50, II

En 807.02

RSA 374:50; RSA 374:55, VII

En 807.03

RSA 374:50; RSA 374:55

En 807.04

RSA 374:50; RSA 374:55, VII

En 807.05

RSA 374:50; RSA 374:55

En 807.06

RSA 374:50; RSA 374:55, VII

En 807.07

RSA 374:50; RSA 374:55

Appendix B: DOCUMENTS INCORPORATED BY REFERENCE

Rule

Title

Publisher; How to Obtain; and Cost

En 804.03(a)

The National Utility Locating Contractors Association (NULCA) Professional Competence Standards for Locating Technicians, Fifth Edition 2017

The National Utility Locating Contractors Association (NULCA). Available at no cost on the department’s website at www.energy.nh.gov.

History

#14062, eff 8-21-24

Chapter En 900 Net Metering for Customer-Owned Renewable Energy Generation Resources

Part En 901 Purpose and Applicability

N.H. Code Admin. R. Ann. En 901.01 Purpose {#sec-en-901.01 omnilex-key=us-nh-regs-official--agency-en--En 901.01}

The purpose of En 900, pursuant to the mandate of RSA 362-A:9, is to establish processes for the implementation of net energy metering as the public interest requires, and consistent with the legislative declaration of purpose set forth in RSA 362-A:1.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 901.02 Applicability {#sec-en-901.02 omnilex-key=us-nh-regs-official--agency-en--En 901.02}

(a) Where expressly noted, the provisions of En 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 as outlined by the commission.

(b) Interconnection of net metering customer-generators shall be governed by the rules established in En 1000.

(c) Unless otherwise noted, En 900 shall be applicable to rural electric cooperatives for which a certificate of deregulation is on file with the commission with respect to customer-generators subject to the standard net metering tariff up to 3.16 megawatt (MW).

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 902 Definitions

N.H. Code Admin. R. Ann. En 902.01 Affordable housing project {#sec-en-902.01 omnilex-key=us-nh-regs-official--agency-en--En 902.01}

“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 workforce housing defined by RSA 674:58, IV, 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;

(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;

(5) As defined in RSA 362-F:2, X-a, a public housing authority created pursuant to RSA 203; or

(6) As defined in RSA 362-F:2, X-a., a housing project as described in RSA 78-B:2, XXIII.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.02 Agreement {#sec-en-902.02 omnilex-key=us-nh-regs-official--agency-en--En 902.02}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.03 Alternative net metering tariff {#sec-en-902.03 omnilex-key=us-nh-regs-official--agency-en--En 902.03}

“Alternative net metering tariff” means the alternative net energy metering tariff provisions adopted by the commission pursuant to RSA 362-A:9, XVI which tariff provisions are applicable to customer-generators receiving a utility net metering capacity allocation on or after September 1, 2017.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.04 Combined heat and power system {#sec-en-902.04 omnilex-key=us-nh-regs-official--agency-en--En 902.04}

“Combined heat and power system” means a “combined heat and power system” as defined in RSA 362-A:1-a, I-d.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.05 Customer-generator {#sec-en-902.05 omnilex-key=us-nh-regs-official--agency-en--En 902.05}

“Customer-generator” means “eligible customer-generator” as defined in RSA 362-A:1-a, II-b. Customer-generators also include eligible facilities under RSA 362-A:9, XX.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.06 Customer’s own electricity requirements {#sec-en-902.06 omnilex-key=us-nh-regs-official--agency-en--En 902.06}

“Customer’s own electricity requirements” means the electricity consumed in conjunction with or to operate the facility.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.07 Default service {#sec-en-902.07 omnilex-key=us-nh-regs-official--agency-en--En 902.07}

“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 pursuant to RSA 53-E.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.08 Distribution utility {#sec-en-902.08 omnilex-key=us-nh-regs-official--agency-en--En 902.08}

“Distribution utility” means the company that owns 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.09 Electric assistance program low moderate income (EAP LMI) community solar project {#sec-en-902.09 omnilex-key=us-nh-regs-official--agency-en--En 902.09}

“Electric assistance program low moderate income (EAP LMI) community solar project” means a “low-moderate income community solar project” as defined in RSA 362-F:2, X-a, and in which projects are selected, designated, registered, and administered pursuant to En 910.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.10 Electric assistance program low moderate income group host {#sec-en-902.10 omnilex-key=us-nh-regs-official--agency-en--En 902.10}

“Electric assistance program low moderate income group 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. The host has a number of responsibilities related to registration and ongoing administration of an EAP LMI community solar project.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.11 Electric assistance program low-moderate income group member {#sec-en-902.11 omnilex-key=us-nh-regs-official--agency-en--En 902.11}

“Electric assistance program low-moderate income group member” means residents who have enrolled in or are on the waitlist for the state electric assistance program and are selected by the administering utility to be enrolled in an EAP LMI community solar project. EAP LMI participant information cannot be shared with hosts and will be overseen by the administering utility. Selected participants do not need to take any action to participate in a project. They will be notified of enrollment by their utility and may opt out of a project at any time.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.12 Electric utility customer {#sec-en-902.12 omnilex-key=us-nh-regs-official--agency-en--En 902.12}

“Electric utility customer” as used in the definition of “customer-generator” means any retail ratepayer of a distribution utility.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.13 Electricity suppliers {#sec-en-902.13 omnilex-key=us-nh-regs-official--agency-en--En 902.13}

“Electricity suppliers” means “electricity suppliers” as defined in RSA 374-F:2, II.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.14 Eligible fuel {#sec-en-902.14 omnilex-key=us-nh-regs-official--agency-en--En 902.14}

“Eligible fuel” means “eligible fuel” as defined in RSA 362-A:1-a, II-d.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.15 End-user customer {#sec-en-902.15 omnilex-key=us-nh-regs-official--agency-en--En 902.15}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.16 Facility {#sec-en-902.16 omnilex-key=us-nh-regs-official--agency-en--En 902.16}

“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 En 903.03.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.17 Federal poverty guidelines {#sec-en-902.17 omnilex-key=us-nh-regs-official--agency-en--En 902.17}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.18 Generating capacity {#sec-en-902.18 omnilex-key=us-nh-regs-official--agency-en--En 902.18}

“Generating capacity” means, for inverter-based units, the maximum generating capacity alternating current kilowatt (kW) rating of the inverters, and for other interconnections, the nameplate capacity kW rating of the generating facility.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.19 Group {#sec-en-902.19 omnilex-key=us-nh-regs-official--agency-en--En 902.19}

“Group” means one or more members who are customers of the same distribution utility who have signed an agreement with a host as required pursuant to RSA 362-A:9, XIV. A group can include a host and a member that are the same entity or person.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.20 Heat led {#sec-en-902.20 omnilex-key=us-nh-regs-official--agency-en--En 902.20}

“Heat led” means “heat led” as defined in RSA 362-A:1-a, II-e.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.21 Host {#sec-en-902.21 omnilex-key=us-nh-regs-official--agency-en--En 902.21}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.22 Islanding {#sec-en-902.22 omnilex-key=us-nh-regs-official--agency-en--En 902.22}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.23 Large customer-generator {#sec-en-902.23 omnilex-key=us-nh-regs-official--agency-en--En 902.23}

“Large customer-generator” means a customer-generator whose facility has a total maximum generating capacity greater than 100 kW alternating current up to and including one MW, except as provided for a municipal host as defined in RSA 362-A:1-a, II-c and En 902.27, which needs to have a total peak generating capacity of greater than one MW and less than 5 MW.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.24 Low-moderate income (LMI) community solar project {#sec-en-902.24 omnilex-key=us-nh-regs-official--agency-en--En 902.24}

“Low-moderate income (LMI) community solar project” means “low-moderate income community solar project,” as defined in RSA 362-F:2, X-a.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.25 Member {#sec-en-902.25 omnilex-key=us-nh-regs-official--agency-en--En 902.25}

“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(a), or who is enrolled in an EAP LMI project as outlined in RSA 362-A:9, XIV(f), who remains a customer of the same distribution utility as the host during its membership in the group, and, with the exception of a political subdivision, as defined in RSA 362-A:1-a, II-c, or the owner of a facility described in RSA 362-A:9, XX, who is not a customer-generator.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.26 Monetary bill credit {#sec-en-902.26 omnilex-key=us-nh-regs-official--agency-en--En 902.26}

“Monetary bill credit” means a billing adjustment applied by the distribution utility that reduces the amount owed on a host account that has accumulated when a host’s generation exceeds usage during a billing cycle, consistent with net energy metering compensation approved by the commission.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.27 Municipal host {#sec-en-902.27 omnilex-key=us-nh-regs-official--agency-en--En 902.27}

“Municipal host” means “municipal host” as defined in RSA 362-A:1-a, II-c.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.28 Net energy metering {#sec-en-902.28 omnilex-key=us-nh-regs-official--agency-en--En 902.28}

“Net energy metering” means “net energy metering” as defined in RSA 362-A:1-a, III‑a.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.29 Non-bypassable charges {#sec-en-902.29 omnilex-key=us-nh-regs-official--agency-en--En 902.29}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.30 Political subdivision {#sec-en-902.30 omnilex-key=us-nh-regs-official--agency-en--En 902.30}

“Political subdivision” means “political subdivision” as defined in RSA 362-A:1-a, II-c.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.31 Renewable energy {#sec-en-902.31 omnilex-key=us-nh-regs-official--agency-en--En 902.31}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.32 Small customer-generator {#sec-en-902.32 omnilex-key=us-nh-regs-official--agency-en--En 902.32}

“Small customer-generator” means a customer-generator whose facility has a total maximum generating capacity of not more than 100 kW alternating current.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 902.33 Standard net metering tariff {#sec-en-902.33 omnilex-key=us-nh-regs-official--agency-en--En 902.33}

“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

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 903 Conditions for Participation in Net Energy Metering

N.H. Code Admin. R. Ann. En 903.01 General Rules, Rights, and Obligations {#sec-en-903.01 omnilex-key=us-nh-regs-official--agency-en--En 903.01}

(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 En 900 and RSA 362-A:9.

(b) A customer-generator seeking to net meter shall have permission to operate and, if applicable, an interconnection agreement from the applicable distribution utility.

(c) Any electricity supplier operating within New Hampshire that is not the default service provider and municipal or county aggregators under RSA 53-E that offer net metering shall do so pursuant to En 900, but may provide for rates and terms as provided in RSA 362-A:9, II and En 903.02(e).

(d) Any customer-generator who engages in net energy metering in New Hampshire shall comply with En 900 and En 1000.

(e) A customer-generator shall comply with:

(1) Applicable department-approved rules not in conflict with En 900 or En 1000;

(2) Applicable commission-approved rules, tariffs, and terms and conditions of the distribution utility not in conflict with En 900 or En 1000;

(3) 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

(4) Interconnection requirements of the distribution utility as set forth in its tariff on file with the commission.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 903.02 Statutory and Other Requirements {#sec-en-903.02 omnilex-key=us-nh-regs-official--agency-en--En 903.02}

(a) Electric distribution utilities shall make net energy metering available to customer-generators, pursuant to RSA 362-A:9, En 900, and En 1000.

(b) 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 pursuant to RSA 362-A:9, XIV and En 909.

(c) Metering shall be done in accordance with RSA 362 A:9, III and shall comply with the metering requirements of En 1000.

(d) 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.

(e) Competitive electricity suppliers registered under RSA 374-F:7 and En 2000 and municipal or county aggregators under RSA 53-E and Puc 2200 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 as outlined in RSA 362-A:9, II.

(f) 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 kWh at the end of their March billing cycle, written notice that provides:

(1) The number of accumulated surplus kWh;

(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. Receive payment by check of the economic value of the surplus;

(3) The capacity in kW, if any, associated with such surplus generation, whether actual, or estimated as applicable; and

(4) The average rate, expressed in dollars or cents per kWh, 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 kW, and the total economic value of such surplus, expressed in dollars and cents.

(g) 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, including the possible election of quarterly payments.

(h) Renewable energy credits associated with the customer-generator’s facility shall remain the property of the customer-generator until such credits are sold or transferred in accordance with RSA 362-A:9, IX.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 903.03 Where Multiple Projects Are Deemed a Single Facility {#sec-en-903.03 omnilex-key=us-nh-regs-official--agency-en--En 903.03}

(a) 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 (a)(1) above in this section 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.

(b) Except as otherwise provided in (d) below in this section, 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 in accordance with En 1000.

(c) The restrictions set forth in (b) above in this section shall apply to 2 or more projects notwithstanding any phased approach to development or different construction schedules for such projects.

(d) 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.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 904 Complaints and Investigations

N.H. Code Admin. R. Ann. En 904.01 Complaints and Investigations {#sec-en-904.01 omnilex-key=us-nh-regs-official--agency-en--En 904.01}

(a) The procedures set forth in En 200 shall be applicable to filing and resolution of any complaint and investigation arising out of En 900.

(b) A customer-generator, distribution utility, or any other interested person may file with the department a complaint or request for resolution of a dispute relating to En 900.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 905 Notifying Public of Net Energy Metering

N.H. Code Admin. R. Ann. En 905.01 Notifying Public of Net Energy Metering {#sec-en-905.01 omnilex-key=us-nh-regs-official--agency-en--En 905.01}

(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 En 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 bill insert or a bill 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 906 Utility Reporting of Number and Size of Net-Metered Facilities

N.H. Code Admin. R. Ann. En 906.01 Reporting of Number and Size of Net-Metered Facilities {#sec-en-906.01 omnilex-key=us-nh-regs-official--agency-en--En 906.01}

Each distribution utility shall:

(a) Track the number and size of net-metered facilities interconnected to their distribution systems; and

(b) Report to the department and the commission annually by April 1 of each year for the prior year, the following information regarding net-metered facilities:

(1) The facility owner, address, and fuel type of facilities operating;

(2) The generation output rating of the facilities in kW;

(3) The total kWh exported by facility;

(4) Information regarding any net-metered combined heat and power facilities; and

(5) Total compensation to customer-generators and on-bill credit group members.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 907 Relationship to Other Department Rules

N.H. Code Admin. R. Ann. En 907.01 Relationship to Other Department Rules {#sec-en-907.01 omnilex-key=us-nh-regs-official--agency-en--En 907.01}

Unless otherwise specified, En 900 shall not supersede any other rule of the department, but instead shall supplement such rules.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 908 Transferability

N.H. Code Admin. R. Ann. En 908.01 Transferability {#sec-en-908.01 omnilex-key=us-nh-regs-official--agency-en--En 908.01}

(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 En 1000; and

(2) An agreement to operate and maintain the net-metered facility according to En 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 En 900, the right to register, provided that the new owner complies with (a) above in this section.

(c) The new customer-generator owner, as described in (a) and (b) in this section above, shall notify the distribution utility of the transfer and of the applicable information required by the utility’s interconnection application.

(d) A net-metered facility transferred as described in this section shall not be deemed to have exited from the system.

(e) If any change or upgrade in a net-metered facility would otherwise require new approval pursuant to En 1000, a mere transfer of ownership shall not relieve the customer-generator from that requirement.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 909 Group Net Metering for Customer Generators 1,000 Kilowatts or Less

N.H. Code Admin. R. Ann. En 909.01 Registration and Re-Registration of Hosts {#sec-en-909.01 omnilex-key=us-nh-regs-official--agency-en--En 909.01}

(a) To register as a host, a customer-generator shall provide the department with a completed “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026 available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and provide 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 department.

(c) Within 90 days of receipt of a complete host registration application form, the department shall either issue the host a registration number or deny the application.

(d) Re-registration shall be required if:

(1) A registered host fails to comply with the annual report requirements of En 909.07 and En 909.09(k) and the host’s registration has expired;

(2) The group membership is changed to become a LMI community solar group; or

(3) The nameplate capacity of the customer-generator is increased such that it is greater than 1,000 kW.

(e) If required to re-register pursuant to (d) above in this section, the host shall follow the requirements of (a) above in this section.

(f) If a facility requests that the department issue a provisional host approval, the facility shall provide the department with the information specified in En 909.06 and a timeline that demonstrates compliance with those requirements at a specific date in the future.

(g) Unless the department denies a request for provisional approval for being incomplete or ineligible within 90 days of its filing, the department shall issue a provisional approval, with a copy provided to the distribution utility.

(h) A provisional approval shall expire 12 months from the date of its issuance.

(i) A provisional approval does not supersede the requirement to obtain a host registration number pursuant to (b) above in this section.

(j) Prior to receiving a host registration number, a customer-generator that received provisional approval shall provide the department with a registration application that demonstrates current compliance with En 909.06 no later than the expiration of the provisional approval. The department shall act upon the updated application pursuant to (c) above in this section.

(k) A host may voluntarily surrender its host registration at any time through written submittal of its intent to do so to the department and the distribution utility.

(l) Upon request, a host shall provide to the department copies of any documents related to the host and its members that pertain to meeting the intent and requirements of En 900.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.02 Transfer of Registration Numbers {#sec-en-909.02 omnilex-key=us-nh-regs-official--agency-en--En 909.02}

(a) A group host registration number may be transferred by the host or by operation of law to another host provided that the following conditions have been met:

(1) The proposed host meets the definition of host pursuant to En 902.21; 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) No less than 30 calendar days following the date of the transfer of the group host registration number, the new host shall provide the department notice of transfer by submitting the “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and provide a copy to the host’s distribution utility.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.03 Agreement {#sec-en-909.03 omnilex-key=us-nh-regs-official--agency-en--En 909.03}

(a) The host and its members shall sign an agreement, as defined in En 902.02, which shall include but is not limited to 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, if any, 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 En 909.09 and En 909.10;

(3) The procedure by which members may join, leave, or be removed from the group and which procedure shall, at a minimum, comply with and contain the language required by En 909.04(d);

(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 (a)(3) above in this section, which dispute resolution process does not rely on the distribution utility, the department, or the commission; and

(5) For groups electing on-bill crediting or registered as an LMI community solar project, 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 En 909.05 and En 909.09.

(b) On or after the 2026 effective date of this chapter, agreements in (a) above in this section shall address notification to group members in the event of the suspension of payments to the group host account, which shall include how member compensation is impacted.

(c) The host and each member shall sign an agreement attesting that the information provided is true to the best of their knowledge and belief.

(d) A member that is not participating in on-bill crediting with any other host 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.

(e) 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.

(f) No agreement shall in any way prohibit or restrict the members of a LMI 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 En 909.09(e)(8).

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.04 Group Changes {#sec-en-909.04 omnilex-key=us-nh-regs-official--agency-en--En 909.04}

(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 (e) below in this section.

(b) For groups participating in group net metering without on-bill crediting, changes to the group shall be implemented as follows:

(1) The addition of a member shall be effective with the member’s first meter read date immediately following the new member’s addition;

(2) The departure of a member shall be effective with 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 department of changes to the group, and the month in which each such change occurs, on an annual basis, pursuant to En 909.07(f).

(c) For groups participating in group net metering with on-bill crediting, changes to the group shall be implemented as follows:

(1) A host may request, and a utility shall process, changes to the group or credit percentage allocations up to 4 times each year, and limited to once a quarter for the calendar quarters ending March 31, June 30, September 30, and December 31, by submitting the information specified in (e) below in this section;

(2) Group changes submitted pursuant to (c)(1) above in this section, and approved by the department when applicable under (h) below in this section, shall take effect with the next host and member billing cycles occurring at least 10 business days following the date of change notification submission or approval of changes by the department, if required;

(3) Group changes for LMI community solar projects shall continue to meet the requirements for such projects specified in (e)(5) and (e)(6) below in this section;

(4) If the account of a member becomes inactive or a member moves within or outside of the utility service territory, the credit percentage allocation for the account associated with the member’s meter shall be redistributed to the host until such time as:

a. The host has submitted a request for changes to the group membership or credit percentage allocations as described in (c)(1) above in this section;

b. The request submitted by the host meets the conditions described in (e) below in this section; and

c. The effective date described in (c)(2) above in this section has occurred.

(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 department and the distribution utility of any change to the group by providing the following information in accordance with (b)(4) or (c)(1) above in this section, as applicable:

(1) The host’s name, trade name, if any, billing 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:

a. Each departing member’s name, billing address, service address, account number, meter number, projected annual load, month of member change, and credit percentage allocation, and low-moderate income status, as applicable;

b. Each new member’s name, billing address, service address, account number, meter number, projected annual load, month of member change, and credit percentage allocation and low-moderate income status, as applicable; and

c. Except as otherwise permitted under En 902.25, certification that no new member is a customer-generator;

(3) Any changes to the host renewable facility that increase the nameplate capacity shall include the new nameplate capacity;

(4) For a group using on-bill crediting and changing credit percentage allocations:

a. 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; and

b. The new allocation percentage for each group member and the host;

(5) For a group with a LMI community solar project, the information specified in En 909.06(e); and

(6) For a group with a LMI community solar project, verification that the percentage allocations meet the requirements of En 912.02(c) through (e) and En 909.09(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 LMI community solar project, the department shall review each complete change notification for continued LMI community solar project adder eligibility and approve or deny such change notification within 30 business days following a complete submission pursuant to (c)(1) above in this section. The department shall notify the utility and the host of its approval or denial.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.05 Duties of the Distribution Utility {#sec-en-909.05 omnilex-key=us-nh-regs-official--agency-en--En 909.05}

(a) The utility shall review group net metering registration applications when requested by the department as follows:

(1) Verification of the member account number(s) and meter number(s);

(2) Verification of the member load information;

(3) For members participating in more than one group:

a. Verification that the total of the loads registered in each group for that member’s meters or accounts do not exceed the member’s total annual load associated with those meters or accounts; and

b. Verification that no individual member meter is registered in more than one group that uses on-bill crediting;

(4) Review the generation estimate for the host to ensure the total load of the host and the group exceed the generation estimate; and

(5) For existing interconnected facilities, evaluate the metering configuration for compliance with requirements to net meter, including the scheduling of any necessary site visit to the facility.

(b) The review described in (a)(1) through (a)(5) above in this section shall be completed within 30 calendar days of receipt of the department’s request. For review of existing facilities that have site visits scheduled, the site visits shall be completed within 60 calendar days of receipt of the department’s request.

(c) Payment to group hosts or application of on-bill credits to group member accounts shall commence following approval of the group registration by the department as described below:

(1) Upon being notified of a group host registration and receipt of a host registration number, the first payment or credit shall be due for the billing cycle beginning with the meter read date immediately following the effective date of the host’s registration. If the meter read date is less than 10 business days after the effective date, the first payment shall be due for the billing cycle beginning with the next meter read date;

(2) Upon being notified of a group host registration and receipt of a host registration number for a group host that elects to receive payment under this section with no on bill-credits to group members:

a. 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 commission approved utility tariff provisions applicable to the host’s customer class; and

b. If the host is a large customer-generator that does not receive default service from the utility, the host is ineligible to receive credit for the net electricity exported to the distribution system;

(3) Upon being notified of a group host registration and receipt of a host registration number for a group host that elects to receive on-bill credits for group members pursuant to En 912.02, the distribution utility shall thereafter apply a monetary credit to the account of the host and each member of the group pursuant to En 912.02(f);

(4) Upon being notified of a group host registration and receipt of a host registration number for a group with a LMI community solar project pursuant to En 909.09, the distribution utility shall thereafter apply a monetary credit to the account of the host and each member of the group pursuant to En 912.02(c) and En 912.02(f); and

(5) Billing or account errors identified following the issuance of a group registration:

a. Shall not delay or prevent payment to the host or application of on bill credits to the unaffected group members or host;

b. Bill credits shall revert to the group host if the utility is unable to apply credits to any group members until such time the member is replaced; and

c. If a group member is identified as ineligible, the utility shall notify the host and the host shall provide a replacement member to the utility within 30 days.

(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-kWh 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-kWh-hour basis, 100 percent of any transmission charges assessed on a per-kWh-hour basis, and 100 percent of the default service rate on a per-kWh-hour basis.

(f) 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-kWh-hour basis and 100 percent of any transmission charges assessed on a per-kWh-hour basis.

(g) For hosts that are large customer-generators receiving 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.

(h) For hosts that are large customer-generators that do not receive default service from the distribution utility, no payments or credits shall be due from the distribution utility for net excess electricity exported to the distribution system.

(i) For all hosts not exempted pursuant to En 909.07(c), by July 1 of each year, the distribution utility shall:

(1) Review and verify load and account information for all applicable reports filed pursuant to En 909.07(a). If discrepancies are discovered upon review, the distribution utility shall notify the host and department for correction and resubmission by the host;

(2) Determine for the prior year whether the host’s net excess exported generation was less than or exceeded the group’s total electricity use;

(3) If the host’s net excess exported generation was greater than the group’s total electricity use during the prior year, calculate the payment adjustment to the host. For purposes of calculating the payment adjustment, the distribution utility shall be bound by its election of the avoided cost rate calculated by the department, 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 and bill the host accordingly; and

(4) Verify that the load of any member participating in multiple groups is accounted for accurately within the report of each group to which the member belongs and does not exceed the member’s total annual load.

(j) If the host’s registration is suspended under En 909.08, or if the host fails to timely file an annual report required by En 909.07(a), the distribution utility shall cease making payments or providing credits due to the host pursuant to this chapter beginning with the billing cycle that starts with the meter read date immediately following the date of suspension or 2 months following the due date for the annual report. The cessation of payments or credits directed by this paragraph shall be subject to the following:

(1) EAP LMI and LMI community solar group hosts that have not received the required load data pursuant to (r) below in this section and En 912.02(k) shall be exempt from penalties referenced in this section;

(2) The EAP LMI and LMI community solar group hosts shall submit the required annual report to the distribution utility within 30 calendar days of receipt of the required data from the distribution utility;

(3) EAP LMI and LMI community solar group hosts shall be subject to the penalties of this section if they do not submit their annual report to the distribution utility within 30 calendar days of receipt of the load data from the distribution utility; and

(4) The distribution utility shall not cease making payments to the EAP LMI members if payments are withheld to the host unless the group registration expires.

(k) If the distribution utility ceased making payments pursuant to (j) above in this section, 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.

(l) Any distribution utility serving registered hosts shall file an annual report with the department on or before July 1 of each year, covering the immediately preceding calendar year, which report shall describe:

(1) The number and location of all registered group host facilities it serves;

(2) The generating capacity and renewable source of each facility:

(3) Whether the group is using on-bill crediting;

(4) Whether the group is a LMI community solar project;

(5) The payments to each host; and

(6) The credits provided to each group host and members for groups using on-bill crediting.

(m) The department may conduct an audit of distribution utility records relating to group-net metering and request additional information or documentation at its discretion.

(n) The distribution utility shall not be required to include actual host and member load data for hosts that are exempt from filing annual reports pursuant to En 909.07(c) in the report required in (l) above in this section, but instead shall include the estimated facility production and estimated host and member load data for such exempt groups.

(o) Any distribution utility serving registered hosts with LMI community solar projects shall file with the department an appendix to its annual report on or before July 1 of each year covering the immediately preceding calendar year, and which appendix shall provide the total annual amount of on-bill monetary credits provided to each member of any such group.

(p) For any existing net metering customer-generator who becomes a host pursuant to this chapter, the distribution utility shall close out that customer-generator’s net metering account and make any payments or bill credits due to the customer-generator under the applicable tariff rate for standard or alternative net metering pursuant to En 903.02(f) or En 903.02(g).

(q) 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 below 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; and

(2) The total amount of on-bill monetary credits accrued to the host and group members during the billing cycle.

(r) For any group which elects to receive on-bill credits, the distribution utility shall provide 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.06 Application to Register or Re-Register as a Host {#sec-en-909.06 omnilex-key=us-nh-regs-official--agency-en--En 909.06}

(a) An applicant for registration or re-registration as a group host shall provide the department, with a copy to the applicable distribution utility, a completed “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering.

(b) Each application shall be signed and dated by the group host applicant or its authorized representative who shall certify by checking the boxes as follows:

(1) The host has read and understood all the requirements and guidelines in the En 900 rules in its entirety;

(2) The host has provided a copy of the application with any and all attachments to the department and distribution utility;

(3) All group members and the host are customers of the same distribution utility;

(4) All members of the group have executed an agreement with the host, unless the host and the group member are the same person or entity in which case an agreement shall not be required;

(5) The total historic or projected annual load of the members together with the host exceeds the projected annual output of the host’s facility;

(6) That none of the members is a customer-generator pursuant to En 902.05;

(7) The applicant has attached interconnection documentation of facility capacity, including the interconnection agreement or permission to operate;

(8) If an existing facility, “I have attached signed documentation from my utility stating that the group host facility in this application complies with the following metering and interconnection requirements: RSA 362-A:9, III; RSA 362-A:1-a, II-b; En 901.02(c); En 903.01(e); and En 903.02(c).”;

(9) That on or before April 1 of each year, beginning the year after the host received a registration number, the host shall provide to the department, with a copy to the distribution utility, an annual report containing the information defined in En 909.07, covering the immediately preceding calendar year;

(10) That if the host is not electing on-bill monetary credits and if a member is a member of more than one group, the portions of that member’s load which are allocated to each host, when combined, shall not exceed that member’s total load; and

(11) That information provided is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(c) In addition to the requirements in (a) and (b) above in this section, for a group host application where the host is not electing to receive on-bill credits for the group, the applicant shall certify that if a member is a member of more than one group, the portions of that member’s load which are allocated to each host, when combined, shall not exceed that member’s total load.

(d) In addition to the requirements in (a) and (b) above in this section, for a group host application where the host is electing to receive on-bill credits for the group, the applicant shall certify:

(1) The specified percentage allocation for the host and all members total 100 percent;

(2) Each group member’s percentage allocation is greater than zero; and

(3) No group member meter is registered in any other group at the time of registration.

(e) In addition to the requirements in (a) and (b) above in this section, for a group host application where the group is applying as a LMI community solar project, the applicant shall provide supportive documentation and certifications as follows:

(1) The group meets the requirements of En 909.09(e);

(2) The specified credit percentage allocations meet the requirements of En 912.02(c) through En 912.02(e) and En 909.09(h);

(3) Documentation describing the host’s income verification procedure for the group; and

(4) Documentation demonstrating that each affordable housing project member qualifies as such pursuant to En 902.01 as follows;

a. Documentation describing 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 En 909.09(f), or there are no affordable housing project members; and

b. No agreement in any way prohibits or restricts the members of the 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 the group, consistent with En 909.09(e)(9).

(f) For groups participating in on-bill crediting, member information, and credit percentage allocations shall be provided in pdf and xls format.

(g) The applicant shall electronically file the document and any attachments to ENGY.GroupNetMetering@energy.nh.gov in a format compatible with the computer system of the department. The department 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.07 Annual Report {#sec-en-909.07 omnilex-key=us-nh-regs-official--agency-en--En 909.07}

(a) Except as otherwise provided in En 909.05(j) above and (c) below in this section, each host shall file with the department, on or before April 1 of each year after registration, the “Annual Report for Group Hosts” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering, and shall send a copy of the report to the host’s distribution utility.

(b) Failure to timely file an annual report shall authorize the distribution utility to cease making the payments until the host files its annual report, as described in En 909.05(j) and En 909.05(k). The utility shall notify the department prior to ceasing payments.

(c) A customer-generator with a residential net-metered facility with generating capacity less than 15 kW interconnected to a distribution utility that is not a LMI community solar project shall not be required to file an annual report pursuant to this section.

(d) A host’s registration shall expire without further action by the department 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 (c) above in this section.

(e) The department shall notify the appropriate utilities of hosts whose registration has expired pursuant to (d) above in this section.

(f) In addition to completing the “Annual Report for Group Hosts” form dated 4/2026, the group host shall provide supportive documentation, covering the immediately preceding calendar year as follows:

(1) 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 this chapter;, the host’s total load for which it was billed by the utility, customer name, utility account number, meter number, identifies as a residential customer, AHP, or LMI, the total billed load of each member, and the total billed load of all members; and

(2) Each annual report shall be signed and dated by the group host or its authorized representative who shall certify:

a. The host has provided a copy of the annual report with any and all attachments to the department and distribution utility;

b. The total actual annual load (kWh) of the members together with the host exceeds the annual generation (kWh) of the host’s facility;

c. On or before April 1 of each year, beginning the year after the host received a registration number, the host shall provide to the department, with a copy to the distribution utility, an annual report containing the information defined in En 909.07(f), covering the immediately preceding calendar year;

d. That for hosts not electing monetary credits, if a member is a member of more than one group, the portions of that member’s load which are allocated to each of the host's groups, when combined, shall not exceed that member’s total load;

e. That any facility or member changes pertaining to En 909.06 that occurred during the reporting calendar year are attached to the annual report form; and

f. That for hosts electing on-bill monetary credits, all group changes have been reported pursuant to En 909.04(c);

(3) In addition to the information and certifications required above, any host with a LMI community solar project that is not an EAP LMI group shall provide in xls format the following additional information and certifications, covering the immediately preceding calendar year as follows:

a. Certification that all members who are residential end-user customers with household incomes at or below 300 percent of the federal poverty guidelines have been income-verified by a method or methods consistent with En 909.09(g) within the year covered by the annual report;

b. Copies of the monthly documentation provided to the host by the distribution utility pursuant to En 909.05(q); and

c. That the group met the requirements specified in En 909.09 during the preceding calendar year.

(g) The individual signing the document has the authority to sign and submit the annual report and shall certify that the information in the annual report is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(h) The reporting party shall electronically file the annual report to ENGY.GroupNetMetering@energy.nh.gov, in a format compatible with the computer system of the department. The department 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.08 Sanctions for Failure to Comply {#sec-en-909.08 omnilex-key=us-nh-regs-official--agency-en--En 909.08}

(a) The department shall petition the commission to suspend a host’s registration for any of the following:

(1) A material misrepresentation of information required by En 909.06, which, if accurately reported, would have resulted in the denial of the application;

(2) A material violation of En 909 or RSA 362-A:9, XIV; or

(3) A material violation of any applicable department rules or commission order.

(b) 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 En 909.01.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.09 Low-Moderate Income Community Solar Projects {#sec-en-909.09 omnilex-key=us-nh-regs-official--agency-en--En 909.09}

(a) An applicant for registration or re-registration as a LMI community solar project shall provide the department, with a copy to the distribution utility, a completed “Application to Register, Re-Register, or Modify a Host Registration, for Group Net Metering” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering as outlined in En 909.06(a).

(b) Each application shall be signed and dated by the LMI group host applicant or its authorized representative who shall certify the information outlined at En 909.06(b), En 909.06(d), and En 909.06(e).

(c) A group registered with a LMI community solar project shall receive additional on-bill monetary credits for all excess electricity production eligible under En 909.05(c)(4) at the following rates for the specified time periods:

(1) An additional 3 cents per kWh-hour through July 1, 2021; and

(2) An additional 2.5 cents per kWh-hour on July 2, 2021 and thereafter.

(d) The LMI group host shall have the option to receive payment from the electric distribution utility on a monthly basis equal to the LMI group host’s on-bill monetary credit amount in excess of the LMI group host’s billed charges for the billing period.

(e) To register as a LMI community solar project group, a project shall meet the following requirements:

(1) The LMI group host facility has an initial operational date on or after July 1, 2019;

(2) The LMI group host has elected for the group to receive on-bill credits pursuant to En 912;

(3) The LMI group host shall indicate whether it elects the monthly payment option provided under (d) above in this section;

(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 (g) below in this section, or the project directly benefits the residents of a public housing authority created pursuant to RSA 203 or a housing project as described in RSA 78-B:2, XXIII, where the electric bills are either paid directly by the residents or by the public housing authority or housing project, provided that at least a majority of the residents receiving the direct benefit are at or below 80 percent of the area median income (AMI) calculated by the department of housing and urban development;

(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 pursuant to (f) below in this section;

(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 their group membership; and

(9) Solely for the purposes of this paragraph, 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.

(f) 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.

(g) The LMI group 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 or 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 (g)(1) through (g)(4) above in this section that is proposed by a LMI group host and approved by the department.

(h) In addition to compliance with En 912.02(c) through En 912.02(e), the LMI group host of a group registered as a LMI community solar project shall make on-bill monetary credit percentage allocations to the LMI group 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 LMI group host and all group members.

(i) Upon receipt of a LMI group host registration number for a group registered as a LMI community solar project, the distribution utility shall thereafter allocate an on-bill monetary credit to the LMI group host’s and each group member’s account as follows:

(1) A total monetary credit shall be calculated for the LMI group 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 LMI group host rate class, plus an additional 3 cents per kWh through July 1, 2021 and 2.5 cents per kWh after that date;

(2) The total monetary credit for each billing cycle calculated pursuant to (i)(1) above in this section shall be distributed to the LMI group host’s and members’ accounts in accordance with the percentage allocations specified pursuant to En 912.02(c) through (e) and En 912.02(h);

(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 LMI group host that has elected the monthly payment option provided pursuant to (d) above in this section.

(j) The LMI group host shall demonstrate the continuing eligibility of the group on an annual basis by providing the information required pursuant to (g) above in this section.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.10 Confidentiality {#sec-en-909.10 omnilex-key=us-nh-regs-official--agency-en--En 909.10}

The “Application to Register, Re-Register, or Modify a Host Registration, for Group Net Metering” dated 4/2026, the LMI group host’s annual report, the distribution utility’s annual report pursuant to En 909.05(i), and any related attachments provided to the department shall be public documents which shall be disclosed by the department upon request, except that the department 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 in accordance with RSA 91-A:5. Notwithstanding the foregoing, any information submitted to the department pursuant to this chapter shall be available to the department for the preparation and public release of statistics and other metric and non-metric data.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 909.11 Electronic Documents and Signatures {#sec-en-909.11 omnilex-key=us-nh-regs-official--agency-en--En 909.11}

All documents and signatures referenced in this chapter may be electronic as authorized pursuant to RSA 294-E.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 910 Group Net Metering Eap Lmi Community Solar Projects

N.H. Code Admin. R. Ann. En 910.01 Applicability {#sec-en-910.01 omnilex-key=us-nh-regs-official--agency-en--En 910.01}

En 910 shall be applicable only to LMI community solar projects serving electric customers who have enrolled in, or are on the waitlist for, the electric assistance program and meet the requirements for EAP LMI community solar projects as defined in En 902.09.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.02 Designation as an {#sec-en-910.02 omnilex-key=us-nh-regs-official--agency-en--En 910.02}

EAP LMI Project.

(a) To qualify for designation as an EAP LMI community solar project group, projects shall designate benefits to group members that are comprised of only EAP LMI group members.

(b) To qualify as an EAP LMI group member, an individual shall:

(1) Be a customer of a regulated electric distribution utility;

(2) Be enrolled in the state EAP or on the waitlist for the state EAP, pursuant to RSA 362-A:9, XIV(d); and

(3) Reside within the service territory of the EAP LMI group host utility.

(c) Designations for EAP LMI community solar projects shall be made by the department through an application and selection process in each calendar year.

(d) The number of projects designated as EAP LMI community solar annually shall not exceed a total nameplate capacity of 6 MWs in the aggregate from within the service territories of the 3 regulated electric utilities.

(e) The department shall announce an open application period once per year, following which applications shall be accepted during the application open period identified in the department’s announcement.

(f) If the total requested capacity from applications received does not fully reserve the 6 MW cap for a particular year, the unused portion of the cap shall not be available for future years.

(g) If an applicant does not receive designation because the 6 MW cap is exceeded in a given year, the applicant may reapply in a future year’s application period.

(h) Designations allocating up to the 6 MW cap of annual capacity shall only be made to applications for EAP LMI community solar project designation submitted during the application open period.

(i) The department shall formally designate selected projects as EAP LMI community solar projects by written notice, entitling the project to participate and receive the LMI adder credit once the project is registered pursuant to En 910.03.

(j) A designated project shall register as an EAP LMI group host with the department in order to begin receiving net metering credits including the LMI adder.

(k) EAP LMI community solar project eligibility shall be as follows:

(1) Projects shall consist of new ground-mounted, carport, or rooftop group net metered community solar PV projects;

(2) Projects shall designate their production for the benefit of EAP-eligible customers selected and assigned to their groups pursuant to RSA 362-A:9, XIV(d) and (f);

(3) Projects shall provide on-bill credits equal to or greater than the minimum allocation percentage set by the department annually of the project’s total monetary credit from net excess electric generation to the EAP LMI members assigned to their groups. The department shall periodically solicit stakeholder input to inform the determination of this minimum allocation percentage;

(4) Projects shall be physically located in New Hampshire and any point of grid interconnection shall also be in New Hampshire. Neither the project nor the end-user customers to be served by the system shall be located in the service territory, or be a customer of, a municipal electric utility or a rural electric cooperative for which a certificate of deregulation is on file with the commission;

(5) Project system capacity shall not exceed one MW alternating current (AC); and

(6) Utility owned projects that are designated as community solar projects shall not count against the limitation on the maximum allowed distributed energy resources as established by RSA 374-G:4.

(l) If the total requested capacity from applications received by the department does not exceed 6 MW, the department shall issue designations to all eligible projects.

(m) If the total requested capacity resulting from applications received exceeds 6 MW, the department shall select the project application(s) that offer the largest estimated monthly on-bill credit per member and that demonstrate project readiness including but not limited to project site control, permits and approvals, financing commitments, interconnection status, and project timeline feasibility.

(n) The department shall rank applications received based on the largest on-bill credit allocated to the EAP LMI members.

(o) On-bill credit shall be measured and ranked according to the estimated monthly monetary credit applied to each member.

(p) The highest-ranking projects demonstrating project readiness shall be designated based on the ranking of applications as described in (o) above in this section until the total designations meet the 6 MW capacity cap.

(q) If after ranking by monthly LMI on-bill credit amounts and review for project readiness, 2 or more applications that propose allocation of the same amount of on-bill credit to EAP LMI members result in total requested designations over 6 MW, the applications shall be selected for designation via a public lottery process.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.03 EAP LMI {#sec-en-910.03 omnilex-key=us-nh-regs-official--agency-en--En 910.03}

Group Host Registration.

(a) To register as an EAP LMI group host, as defined in En 902.10, a customer-generator shall provide the department and the EAP LMI group host’s distribution utility, as defined in En 902.08, with the necessary EAP LMI group host information required for group registration, as specified in the “Application to Register for EAP LMI Community Solar Projects Group Net Metering” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/nh-senate-bill-270-implementation.

(b) The EAP LMI group host shall submit the required information by completing and submitting the “Application to Register for EAP LMI Community Solar Projects Group Net Metering,” dated 4/2026.

(c) Each application shall be signed by the applicant or its authorized representative who shall certify by checking the boxes as follows:

(1) The host has read and understood all the requirements and guidelines in En 900;

(2) The host has provided a copy of this application with any and all attachments to the distribution utility;

(3) The applicant has attached documentation of facility capacity which is a permission to operate, and if applicable, an approved interconnection agreement;

(4) The host shall provide to the utility actual facility production for the previous quarter no later than the third day of the month following the close of the quarter pursuant to En 910.04(b)(1); and

(5) The host shall provide to the utility actual annual facility production for the preceding calendar year by January 31st of each year as follows;

a. If an existing facility, “I have attached signed documentation from my utility stating that the group host facility in this application complies with the following metering and interconnection requirements: RSA 362-A:9, III; RSA 362-A:1-a, II-b; En 901.02(c); En 903.01(e); and En 903.02(c)”;

b. The percentage allocated to EAP LMI group members meets or exceeds the percentage designated in the project’s approval;

c. The group meets the requirements of En 910.02(k); and

d. The specified on-bill credit percentage allocations meet the requirements of En 912.02(c) through En 912.02(e) and En 909.09(h).

(d) The individual signing the application has the authority to file the application on behalf of the EAP LMI group host and attests that the contents of the application are truthful, accurate, and complete, to the best of the individual’s knowledge and belief.

(e) The EAP LMI group host’s distribution utility shall be responsible for completing the remaining group net metering registration information including EAP LMI group member details which shall remain confidential.

(f) Nothing in this section shall preclude low-moderate income solar community projects from enrolling customers through any other method other than the process described for EAP LMI projects described in En 910. A description of any alternative method used shall be filed with the department.

(g) Within 90 days of receipt of a complete EAP LMI group host application, the department shall notify both the EAP LMI group host and the distribution utility of the approval or denial of the group registration application.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.04 EAP LMI {#sec-en-910.04 omnilex-key=us-nh-regs-official--agency-en--En 910.04}

Group Host Responsibilities.

(a) The EAP LMI group host shall be responsible for initiating the group registration process by submitting the required information to the applicable distribution utility. The information provided shall be submitted pursuant to En 910.03.

(b) The EAP LMI group host shall coordinate with the distribution utility on requests for information and data necessary for reporting and administration of the group. Such coordination shall include, but not be limited to, the following:

(1) Submittal of total actual facility production for the previous quarter, as reported by the EAP LMI group host to the utility, no later than the third day of the month following the close of the quarter;

(2) Submittal of total actual annual facility production for the preceding calendar year, to be provided to the utility by close of business on January 31st of each year for inclusion in the utility’s annual group reporting pursuant to En 910.05(p);

(3) Timely and complete responses to additional requests from the utility necessary for the administration of the group; and

(4) Requests for changes to percentage allocations between the EAP LMI group host and EAP LMI group members, provided that:

a. Any requested change shall comply with all program requirements;

b. The total allocation to EAP LMI group members shall not fall below the percentage specified in the approved project designation; and

c. Allocation change requests shall be permitted up to 4 times per calendar year, once per quarter, and only in coordination with utility EAP LMI group membership changes. Changes submitted during the EAP LMI group membership change period, day 1 through day 5 of the new quarter, shall not take effect until the subsequent EAP LMI group member change period.

(c) The EAP LMI group host shall submit, within the quarter of occurrence, updates to the department and the distribution utility regarding any changes to the EAP LMI group host’s information as submitted in the original group registration, including changes in ownership and contact information.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.05 Duties of the Distribution Utility {#sec-en-910.05 omnilex-key=us-nh-regs-official--agency-en--En 910.05}

(a) The EAP LMI group host’s distribution utility shall be responsible for selecting EAP LMI group members in accordance with RSA 362-A:9, XIV(d).

(b) The EAP LMI group host’s distribution utility shall be responsible for developing, subject to department approval, the enrollment and opt-out notification(s) by mail for EAP LMI group members and for notifying selected EAP-eligible members of their enrollment as well as any changes to their enrollment status as follows:

(1) Within 10 business days following the department’s issuance of a group registration, the applicable distribution utility shall notify the selected EAP-eligible customers of their enrollment in the group and inform them of details of the project from which they are receiving credit;

(2) Enrolled EAP LMI group members shall have 15 business days from the date of receipt of the enrollment notification to opt out of participation by contacting the utility via telephone or email; and

(3) Any EAP LMI group members who opt out within 30 calendar days of the initial group enrollment notification shall be removed from the group and replaced with new eligible EAP LMI group members by the utility within one billing cycle.

(c) Following the requirements of (b)(3) above in this section, the applicable distribution utility shall provide the final group registration information to the department within 30 business days of the date of the selection of the group members, and include in their submission to the department:

(1) The EAP LMI group host and facility information as provided by the EAP LMI group host;

(2) A list of all EAP LMI group members;

(3) An equal allocation amongst EAP LMI group members of the total LMI credit percentage, as designated by the EAP LMI group host, distributed among the EAP LMI group members, with the percentage of credit for each EAP LMI group member detailed in the EAP LMI group member information section of the “Application to Register for EAP LMI Community Solar Projects Group Net Metering,” dated 4/2026;

(4) The total estimated annual group load based on an assumed usage of 625 kWh per month per EAP LMI group member;

(5) A certification that the total historic annual load of the group EAP LMI group members, in combination with the EAP LMI group host’s load, exceeds the projected annual output of the EAP LMI group host’s photovoltaic system and represents not less than 105% and not more than 110% of the total estimated annual generation; and

(6) A certification that all group selection requirements have been satisfied and that all selected EAP LMI group members have been notified of their enrollment.

(d) The utility shall notify the EAP LMI group host upon submission of the completed group registration form to the department.

(e) Customer names and addresses shall not be disclosed by the distribution utility and the department except as required by law.

(f) On-bill credits shall not be applied until the distribution utility receives notification of group registration approval from the department.

(g) Upon receipt of an EAP LMI group host registration number from the department, the distribution utility shall begin allocating a monetary credit to the accounts of the EAP LMI group members and the EAP LMI host may elect to receive either monthly payments or on-bill credits, consistent with En 912 and (m) below in this section.

(h) The EAP LMI member bill shall contain a line item showing and identifying the on-bill credit.

(i) On-bill credits shall not commence prior to facility interconnection and operation.

(j) All credits shall be applied to the EAP LMI group host and EAP LMI group member accounts within 60 calendar days of the department’s approval of the EAP LMI group registration.

(k) The utility shall select EAP LMI group members based on the following priority criteria:

(1) Priority 1 – customers participating in EAP s residing within the project’s zip code;

(2) Priority 2 – customers on any EAP waitlist residing within the project’s zip code;

(3) Priority 3 – customers participating in EAP residing in zip codes that directly border the project’s zip code, with preference given to those closest to the project location; and

(4) Priority 4 – customers on any EAP waitlist residing in zip codes that directly border the project’s zip code, with preference given to those closest to the project location.

(l) If the number of EAP-eligible customers exceeds the available EAP LMI group member spots within any priority category, the utility shall conduct a randomized selection process to determine EAP LMI group membership.

(m) The utility shall provide payment to an EAP LMI host based on the EAP LMI host’s election to receive either on-bill credits or a monthly payment equal to the monetary credit for excess production allocated to the EAP LMI group host.

(n) The applicable distribution utility shall be responsible for managing group changes pertaining to EAP LMI group membership, as set forth below:

(1) The utility shall manage and administer group changes related to EAP LMI group membership and credit allocation adjustments at least once per calendar quarter, beginning in the quarter following group registration approval;

(2) All such group changes shall be implemented within 5 business days following the start of each calendar quarter;

(3) The utility shall submit quarterly group change reports to the department, including:

a. EAP LMI group member additions and removals;

b. Updated LMI credit allocations if applicable; and

c. Certification that the group remains in compliance with minimum LMI credit percentage requirements;

(4) The utility shall administer modifications to EAP LMI group membership and corresponding credit allocations in accordance with the following contingencies:

a. EAP LMI group members who are no longer EAP-eligible shall be removed and replaced during the next quarterly EAP LMI group membership change period. Their estimated load shall remain assigned until removal, and any credit shall continue to accrue to them until that time, but for no more than 2 quarters;

b. EAP LMI group members who choose to cancel participation shall be removed upon request and replaced within one billing cycle. Their estimated load shall remain until the next quarterly change period. Credit for the current billing cycle shall accrue to the new EAP LMI group member added;

c. If an EAP LMI group member’s account becomes inactive for 60 or more days, the EAP LMI group member shall be removed and replaced during the next quarterly change period. Credit associated with that EAP LMI group member shall revert to the EAP LMI group host from the date the account became inactive and continue to do so until the quarterly change is processed, not to exceed 2 quarters; and

d. If an EAP LMI group member account becomes inactive but is reactivated within 60 days, credit during the inactive period shall accrue to the EAP LMI group host. Upon reactivation, credit shall accrue to the EAP LMI group member on a prospective basis only;

(5) In the event that an account becomes inactive and a new EAP LMI group member has not yet been added, the corresponding credit shall accrue to the EAP LMI group host until a replacement EAP LMI group member is enrolled; and

(6) The utility shall not be required to notify the EAP LMI group host of individual EAP LMI group member changes. The utility shall retain responsibility for tracking and managing such changes throughout the year.

(o) The utility shall, on an annual basis, conduct a compliance review during the first quarter following the end of the calendar year, which shall include the following:

(1) The utility shall evaluate whether the group has met its required annual LMI credit percentage, as approved in the project designation. If the group has not met the required annual LMI credit percentage, the utility shall adjust the LMI credit allocation so that the total annual LMI credit percentage meets or exceeds the approved percentage; and

(2) The utility shall also review whether the total actual annual EAP LMI group member load, using the estimated 625 kWh per month per member, meets or exceeds the total annual actual production of the EAP LMI group host facility. If not, the utility shall make changes to EAP LMI group membership to ensure that the total annual excess generation is equal to or less than the total annual EAP LMI group member load.

(p) Each utility administering an EAP LMI community solar project shall submit an annual report to the department in accordance with the following provisions:

(1) Each utility administering an EAP LMI community solar project shall file with the department, on or before April 1st of each year after registration, an annual report that contains the information covering the previous calendar year;

(2) Any distribution utility serving registered EAP LMI group hosts with EAP LMI community solar projects shall not discontinue payments to EAP LMI group members where distribution utilities are responsible for group management, load requirements and annual reporting requirements; and

(3) The annual EAP LMI group host report shall include:

a. Verification that all EAP LMI group members are enrolled in or are on any wait list for the EAP;

b. A summary and supporting documentation of the total on-bill credit (OBC) percentage allocated to EAP-eligible EAP LMI group members;

c. A summary and documentation of the total credit percentage allocated to the EAP LMI group host;

d. A summary and documentation of the OBC percentage allocated to the EAP LMI group host as a result of EAP LMI group member account inactivity;

e. Documentation that the total annual EAP LMI group member load was equal to or greater than the total annual EAP LMI group host facility excess generation, calculated using a standard assumed EAP LMI group member load of 625 kWh per month;

f. The distribution utility shall sign and date the annual report; and

g The reporting party 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.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.06 Non-Compliance, Revocation of Registration, and Project Cancellation {#sec-en-910.06 omnilex-key=us-nh-regs-official--agency-en--En 910.06}

(a) The EAP LMI group host or utility shall contact the department regarding any compliance issues related to annual reporting, project de-registration, or project cancellation.

(b) EAP LMI group hosts shall provide a minimum of 6 months notice to the department and the distribution utility if the project intends to withdraw as EAP LMI community solar group host.

(c) The distribution utility shall notify affected group members within 30 calendar days of the utility’s receipt of notice of an EAP LMI project’s intent to cease operations as an EAP LMI group host.

(d) The department may petition the commission to revoke the designation or registration of the EAP LMI group host and assess fines against any EAP LMI group host which violates the requirements of this chapter and rules adopted pursuant to RSA 362 A:9, XIV(j).

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.07 Confidentiality {#sec-en-910.07 omnilex-key=us-nh-regs-official--agency-en--En 910.07}

The “Application to Register for EAP LMI Community Solar Projects Group Net Metering” dated 4/2026, the host’s annual report, the distribution utility’s annual report described in En 910 and any related attachments provided to the department shall be public documents which shall be disclosed by the department upon request, except that the department 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 in accordance with RSA 91-A:5. Notwithstanding the foregoing, any information submitted to the department pursuant to this chapter shall be available to the department for the preparation and public release of statistics and other metric and non-metric data.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 910.08 Electronic Documents and Signatures {#sec-en-910.08 omnilex-key=us-nh-regs-official--agency-en--En 910.08}

All documents and signatures referenced in this chapter may be electronic as authorized pursuant to RSA 294-E.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 911 Group Net Metering for Customer Generators Greater Than 1000 Kilowatts and Less Than 5000 Kilowatts

N.H. Code Admin. R. Ann. En 911.01 Applicability {#sec-en-911.01 omnilex-key=us-nh-regs-official--agency-en--En 911.01}

En 911 shall be applicable only to customer-generators who elect to become municipal hosts as defined in En 902.27.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.02 Registration and Re-Registration of Municipal Hosts {#sec-en-911.02 omnilex-key=us-nh-regs-official--agency-en--En 911.02}

(a) The process to register as a municipal host shall be as follows:

(1) The customer-generator shall provide the department with a completed “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering. Supporting documentation shall be submitted, when requested by the department, substantiating how the group members qualify as a political subdivision under the statute; and

(2) The department shall review the supporting documentation to ensure compliance with the statute and shall notify the municipal host, within 30 days of submission of the completed application, if the supporting documentation does not meet the requirements of En 911.05.

(b) No customer-generator shall begin acting as a municipal host until it has received a registration number from the department.

(c) Within 90 days of receipt of a complete municipal host registration application, the department shall either issue the municipal host a registration number or deny the application.

(d) Re-registration shall be required if:

(1) A registered municipal host fails to comply with the annual report requirements of En 911.09 and the municipal host’s registration has expired; and

(2) A customer-generator previously authorized as a municipal host, that voluntarily surrendered its registration, seeks to re-activate its registration.

(e) A re-registering municipal host shall follow the requirements of (a)(1) above in this section.

(f) If a facility requests that the department issue a provisional municipal host approval, the facility shall provide the department with the information specified in En 911.08 and a timeline that demonstrates compliance with those requirements at a specific date within 12 months from the date the provisional approval request is filed.

(g) Unless the department denies a request for provisional approval for being incomplete or ineligible within 90 days of its filing, the department shall issue provisional approval, with a copy provided to the distribution utility.

(h) A provisional approval shall expire 12 months from the date of its issuance.

(i) A provisional approval does not supersede the requirement to obtain a municipal host registration number pursuant to (b) above in this section.

(j) Prior to receiving a municipal host registration number, a customer-generator that received provisional approval shall provide the department with an updated registration application that demonstrates current compliance with En 911.08. The department shall act upon the updated application as provided in (c) above in this section.

(k) A municipal host may voluntarily surrender its municipal host registration at any time through written submittal of its intent to do so to the department and the distribution utility.

(l) Upon request, a municipal host shall provide to the department copies of any documents related to the municipal host and its members that pertain to meeting the intent and requirements of En 900.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.03 Transfer of Registration Numbers {#sec-en-911.03 omnilex-key=us-nh-regs-official--agency-en--En 911.03}

(a) A municipal host registration number may be transferred by the municipal host to another host provided that the following conditions have been met:

(1) The proposed municipal host meets the definition of a municipal group net metering host pursuant to En 902.27; and

(2) The proposed municipal host shall serve as host of the same facility under the terms of the agreement governing the existing host and group members.

(b) No less than 30 calendar days following the date of the transfer of the group municipal host registration number, the new group municipal host shall provide the department notice of transfer by submitting the “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and provide a copy to the host’s distribution utility. If the new host is not adding new members as part of the transfer, the host shall only complete “Tab A, Host Information,” in the “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering,” dated 4/2026.”

(c) In addition to the requirements in (b) above in this section, if the applicant adds new members as part of the transfer of registration, the applicant shall provide supporting documentation and certifications for political subdivisions pursuant to En 911.02(a)(1) and En 911.05(a) as follows;

(1) All members qualify as political subdivisions, pursuant to En 902.30; and

(2) For members outlined in En 911.05(a)(2), the department shall review and approve the addition of new members if the new members have not been previously approved by the department as eligible political subdivision members.

(d) The individual signing the document has the authority to sign and submit the application on behalf of the municipal host and certifies that the information provided is true, accurate, and complete, to the best of the individual’s knowledge and belief.

(e) The applicant shall electronically file the document and any attachments to ENGY.GroupNetMetering@energy.nh.gov in a format compatible with the computer system of the department. The department 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

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.04 Agreement {#sec-en-911.04 omnilex-key=us-nh-regs-official--agency-en--En 911.04}

(a) The municipal host and its members shall sign an agreement, as defined in En 902.02, which shall include but is not limited to the following:

(1) The contact information for the municipal 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 municipal 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;

(3) The procedure by which members may join, leave, or be removed from the group which procedure shall, at a minimum, comply with and contain the language required by En 911.06(b); and

(4) A binding process for the resolution of any disputes arising under the agreement involving the municipal host, its members, or among members, including disputes arising out of the member removal process required by (a)(3) above in this section, which dispute resolution process does not rely on the distribution utility, the department, or the commission.

(b) On or after the 2026 effective date of this chapter, agreements in (a) above in this section shall address notification to group members in the event of the suspension of payments to the municipal group host account, which shall include how member compensation is impacted.

(c) The municipal host and each member shall sign an agreement attesting that the information provided is true to the best of their knowledge and belief.

(e) The requirements of this section to sign an agreement shall not apply if the municipal host and members are the same person or the same entity.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.05 Municipal Host Group Membership Requirements {#sec-en-911.05 omnilex-key=us-nh-regs-official--agency-en--En 911.05}

(a) A municipal group host applicant shall demonstrate that each proposed group member meets the definition of eligible political subdivision pursuant to RSA 362-A:1-a, II-c and as follows:

(1) Confirm that each group member is one of the following:

a. The state of NH;

b. A city, town or county in NH; or

c. A school district, chartered public school, village district, or school administrative unit in NH; or

(2) Confirm the identification and documentation as a district or entity to specifically demonstrate that:

a. The specified entity is created for a special purpose by one of the enumerated governmental units, specifically one of the governmental units in (1), above in this section;

b. The specified entity is directly administered by one of the enumerated governmental units, specifically one of the governmental units in (1), above in this section; or

c. The specified entity is materially funded by one of the enumerated governmental units, specifically one of the governmental units in (1), above in this section.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.06 Municipal Host Group Changes {#sec-en-911.06 omnilex-key=us-nh-regs-official--agency-en--En 911.06}

(a) Changes to municipal host groups shall be implemented as follows:

(1) The procedure by which members are added to and removed from the group shall be defined in the agreement pursuant to En 911.04. The agreement shall describe how members may be added, how members may leave voluntarily, and how members may be removed involuntarily. Municipal hosts using on-bill crediting shall make changes to the group pursuant to En 909.04(c);

(2) For members outlined in En 911.05(a)(1) , changes shall take effect as follows:

a. The addition of a member shall become effective on the member’s first meter read date immediately following the new member’s addition;

b The departure of a member shall become effective on the member’s first meter read date immediately following the member’s date of departure;

c 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. The agreement shall describe how payments are to be made between the host and members upon the departure of a member; and

d The host shall notify the department and distribution utility of changes to the group membership, and the month in which each such change occurred, on an annual basis, pursuant to En 911.09;

(3) For members outlined in En 911.05(a)(2), the department shall review and approve the addition of new members if the new members have not been previously approved by the department as eligible political subdivision members as follows.

a. The department shall have up to 20 business days to make such a determination. Following department approval, the group change shall proceed in accordance with (a)(2) above in this section; and

b. For new members that have been previously approved by the department, the host shall be responsible for identifying members that have been previously approved, and the department shall not undertake further review; and

(4) The department shall also review requests to transfer the municipal host’s registration number, changes to on-bill credit percentages, and increases to the facility nameplate capacity. The department shall notify the utility and the municipal host of its approval or denial within 30 business days following a complete submission pursuant to En 911.08;

(b) Unless the agreement provides otherwise, in the event of a municipal host’s death or dissolution of the municipal host company, the meter(s) associated with the aforementioned municipal host 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 the aforementioned municipal host shall remain bound by the terms of the agreement, unless the agreement provides otherwise.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.07 Duties of the Distribution Utility {#sec-en-911.07 omnilex-key=us-nh-regs-official--agency-en--En 911.07}

(a) The utility shall review municipal group net metering registration applications when requested by the department as follows:

(1) Verification of the member account number(s) and meter number(s) except for municipal light accounts which shall require verification of member account numbers;

(2) Verification of the member load information;

(3) For members participating in more than one group:

b. Verification that no individual member meter is registered in more than one group that uses on-bill crediting;

(4) Review the generation estimate for the municipal host to ensure the total load of the municipal host and the group exceed the generation estimate; and

(5) For existing interconnected facilities, evaluate the metering configuration for compliance with requirements to net meter, including the scheduling of any necessary site visit to the facility.

(c) Payment to municipal group hosts shall commence following approval of the municipal group registration by the department as follows:

(1) Upon being notified of a municipal group host registration and receipt of a municipal host registration number, the first payment or credit shall be due for the billing cycle beginning with the meter read date immediately following the effective date of the municipal host’s registration, unless the meter read date is less than 10 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;

(2) Upon being notified of a municipal group host registration and receipt of a municipal host registration number, the distribution utility shall thereafter pay the municipal host for the host’s net excess electricity exported to the distribution system at the end of each billing cycle in accordance with the commission approved utility tariff provisions applicable to the municipal host’s customer class; and

(3) Billing or account errors identified following the issuance of a municipal group registration shall not delay or prevent payment to the municipal host. Bill credits shall revert to the municipal host if the utility is unable to apply credits to any group members until such time the member is replaced. If a group member is identified as ineligible, the utility shall notify the municipal host, and the host shall provide a replacement member to the utility within 30 days.

(d) For municipal hosts 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 the distribution utility’s default service rate.

(e) For municipal hosts that that do not receive default service from the distribution utility, no payments or credits shall be due from the distribution utility for net excess electricity exported to the distribution system.

(f) By July 1 of each year, the distribution utility shall:

(1) Review and verify load and account information for all applicable reports filed pursuant to En 911.09. If discrepancies are discovered upon review, the distribution utility shall notify the municipal host and the department for correction and resubmission by the municipal host;

(2) Determine for the prior year whether the municipal host’s net excess exported generation was less than or exceeded the group’s total electricity use;

(3) If the municipal host’s excess exported generation was greater than the municipal group’s total electricity use during the prior year, calculate the payment adjustment to the municipal host;

(4) For purposes of calculating the payment adjustment described in (f)(3) above in this section, the distribution utility shall be bound by the avoided cost rate calculated by the department or by the distribution utility for each specific municipal host, or the distribution utility’s default service rate. The distribution utility shall calculate whether it overpaid the municipal host for that excess generation according to section (f)(3) above in this section, and bill the municipal host accordingly; and.

(5) Verify that the load of any member participating in multiple groups is accounted for accurately within the report of each group to which the member belongs and does not exceed the member’s total annual load.

(g) If the municipal host’s registration is suspended pursuant to En 911.10, or if the municipal host fails to timely file an annual report required by En 911.09, the distribution utility shall cease making payments due pursuant to this chapter beginning with the billing cycle that starts with the meter read date immediately following the date of suspension or 2 months following the due date for the annual report.

(h) If the distribution utility ceased making payments pursuant to (g) above in this section, 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 municipal host’s re-registration or filing of its annual report, as applicable. The municipal host shall not be entitled to payments for any billing cycles with respect to which payments were not made as a result of suspension or failure to timely file any required annual reports.

(i) Any distribution utility serving registered municipal hosts shall file an annual report with the department on or before July 1 of each year covering the immediately preceding calendar year, and which report shall describe:

(1) The number and location of all registered municipal group host facilities it serves;

(2) The generating capacity and renewable source of each facility;

(3) Whether the group is using on-bill crediting;

(4) The payments to each municipal host; and

(5) The credits provided to each group municipal host and members for groups using on-bill crediting.

(j) Upon receipt of the annual report, the department may request additional information or documentation in the event of a discrepancy in the annual report..

(k) For any existing net metering customer-generator who becomes a municipal 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 to the customer-generator under the applicable tariff rate for standard or alternative net metering pursuant to En 903.02(f) or En 903.02(g).

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.08 Application to Register or Re-Register as a Host {#sec-en-911.08 omnilex-key=us-nh-regs-official--agency-en--En 911.08}

(a) An applicant for registration or re-registration as a municipal group host shall provide the department, with a copy to the applicable distribution utility, a completed “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering.

(b) In addition to the requirements in (a) above in this section, the applicant shall provide supporting documentation for political subdivisions pursuant to En 911.02(a)(1) and En 911.05(a).

(c) In addition to the certifications outlined in En 909.06(b), the applicant shall provide supportive documentation and certifications as follows:

(1) The system capacity is greater than 1 MW and less than 5 MW;

(2) All members qualify as political subdivisions, pursuant to En 902.30; and

(3) If any group members are purported to meet the political subdivision qualification as outlined in En 911.05(a)(2)(b) and (c), documentation supporting how the relevant members qualify under this provision of the statute.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.09 Annual Report {#sec-en-911.09 omnilex-key=us-nh-regs-official--agency-en--En 911.09}

(a) The municipal host shall file with the department, on or before April 1 of each year after registration, the “Annual Report for Group Hosts” dated 4/2026, available at the departments website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering, and shall send a copy of the report to the municipal host’s distribution utility.

(b) Failure to timely file an annual report shall authorize the distribution utility to cease making the payments provided for in En 911.07(g). The utility shall notify the department prior to ceasing payments.

(c) A host’s registration shall expire without further action by the department if the host fails to file an annual report by October 1 of the year the annual report is due.

(d) The department shall notify the appropriate utilities of municipal hosts whose registration has expired pursuant to (c) above in this section.

(e) In addition to completing the “Annual Report for Group Hosts” dated 4/2026, the group host shall provide supportive documentation, covering the immediately preceding calendar year as follows:

(1) Any changes to the municipal group as required by En 911.06(a)(2) through (a)(4);

(2) A calculation, with supporting documentation, for each month of the year, of the total electricity generated by the municipal host’s facility; the total net electricity exported to the distribution system for which the municipal host was compensated under these rules; the municipal host’s total load for which it was billed by the utility; customer name; utility account number; meter number; identifies as a residential customer, AHP, or LMI; the total billed load of each member, and the total billed load of all members; and

(3) Each annual report shall be signed and dated by the group host or its authorized representative who shall certify the provisions outlined in En 909.07(f)(2).

(f) The individual signing the document has the authority to sign and submit the annual report and shall certify that the information in the annual report is true, accurate, and complete, to the best of the individual’s knowledge; and

(g) The reporting party shall electronically file the annual report to ENGY.GroupNetMetering@energy.nh.gov in a format compatible with the computer system of the department. The department shall accept the annual report through the U.S. mail, by overnight express service, or by hand delivery, if the municipal host is unable to file the report electronically.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.10 Sanctions for Failure to Comply {#sec-en-911.10 omnilex-key=us-nh-regs-official--agency-en--En 911.10}

(a) The department shall petition the commission to suspend a municipal host’s registration, for any of the following:

(1) A material misrepresentation of information required by En 911.08, which, if accurately reported, would have resulted in the denial of the application;

(2) A material violation of En 911 or RSA 362-A:9, XIV; or

(3) A material violation of any applicable department rules or commission order.

(b) A municipal host whose registration was suspended may, at the end of the period of suspension, seek reinstatement by submitting a re-registration application pursuant to En 911.08.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.11 Confidentiality {#sec-en-911.11 omnilex-key=us-nh-regs-official--agency-en--En 911.11}

The “Application to Register, Re-register, or Modify a Host Registration, for Group Net Metering” dated 4/2026, the municipal host’s annual report, the distribution utility’s annual report described in En 911 and any related attachments provided to the department shall be public documents which shall be disclosed by the department upon request, except that the department 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 in accordance with RSA 91-A:5. Notwithstanding the foregoing, any information submitted to the department pursuant to this chapter shall be available to the department for the preparation and public release of statistics and other metric and non-metric data.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 911.12 Electronic Documents and Signatures {#sec-en-911.12 omnilex-key=us-nh-regs-official--agency-en--En 911.12}

All documents and signatures referenced in this chapter may be electronic as authorized pursuant to RSA 294-E.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Part En 912 Group Net Metering with on-Bill Credits

N.H. Code Admin. R. Ann. En 912.01 Applicability {#sec-en-912.01 omnilex-key=us-nh-regs-official--agency-en--En 912.01}

En 912 shall be applicable only to group hosts who select on-bill monetary credits for their members or who are required to select on-bill credits for their members, such as EAP LMI community solar project hosts and LMI community solar project hosts.

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

N.H. Code Admin. R. Ann. En 912.02 Election of On Bill Credits {#sec-en-912.02 omnilex-key=us-nh-regs-official--agency-en--En 912.02}

(a) A customer-generator registering or re-registering a group with the department 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 pursuant to En 909.06(d).

(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 En 909.09(c) for any group registered as a LMI community solar project, pursuant to En 909.09(h).

(d) The percentage allocations required in accordance with (c) above in this section 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 En 909.04(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 (f)(1) above in this section 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 in this section; 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.

(g) A member meter in a group participating in on-bill crediting shall not be a member of more than one group at the same time.

(h) For groups participating in group net metering with on-bill crediting, changes to the group members and allocation percentages shall be implemented as outlined in En 909.04(c) and En 909.04(e)(4).

(i) Application of on-bill credits to group member accounts shall commence following approval of the group registration by the department as described in En 909.05(c).

(j) 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 below 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.

(k) For any group which elects to receive on-bill credits, the distribution utility shall provide 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.

APPENDIX

Rule

Statute

En 901

RSA 12-P:5, IV; RSA 362-A:1; RSA 362-A:9

En 902.01

RSA 12-P:5, IV; RSA 362-F:2, X-a

En 902.02

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 902.03

RSA 12-P:5; IV; RSA 362-A:9, XVI

En 902.04

RSA 12-P:5, IV; RSA 362-A:1-a, I-d

En 902.05

RSA 12-P:5, IV; RSA 362-A:1-a, II-b

En 902.06 - En 902.08

RSA 12-P:5, IV; RSA 362-A:9, X

En 902.09

RSA 12-P:5, IV; RSA 362-F:2, X-a

En 902.10 - En 902.11

RSA 12-P:5, IV; RSA 362-A:9, X; RSA 362-A:9, XIV

En 902.12

RSA 12-P:5, IV; RSA 362-A:9, X

En 902.13

RSA 12-P:5, IV; RSA 362-A:1-a,II-a; RSA 374-F:2, II

En 902.14

RSA 12-P:5, IV; RSA 362-A:1-a, II-d

En 902.15

RSA 12-P:5, IV; RSA 362-A:9, XIV(a)

En 902.16

RSA 12-P:5, IV; RSA 362-A:9, X

En 902.17

RSA 12-P:5, IV; RSA 362-A:9, XIV(a)

En 902.18 - En 902.19

RSA 12:P:5, IV; RSA 362-A:9, X & XIV

En 902.20

RSA 12-P:5, IV; RSA 362-A:1-a, II-e

En 902.21

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 902.22 - En 902.23

RSA 12-P:5, IV; RSA 362-A:9, X

En 902.24

RSA 12-P:5, IV; RSA 362-F:2, X-a

En 902.25

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 902.26

RSA 12-P:5, RSA 362-A:9

En 902.27

RSA 12-P:5, IV; RSA 362-A:1-a, II-c

En 902.28

RSA 12-P:5, IV; RSA 362-A:1-a, III-a

En 902.29

RSA 12-P:5, IV; RSA 362-A:9, X

En 902.30

RSA 12-P:5, IV; RSA 362-A:1-a, II-c

En 902.31 - En 902.33

RSA 12-P:5, IV; RSA 362-A:9, X

En 903.01(a)-En 903.01(b)

RSA 12-P:5, IV; RSA 362-A:9

En 903.01(c)

RSA 12-P:5, IV; RSA 362-A:9, II

En 903.01(d)-En 903.01(e)

RSA 12-P:5, IV; RSA 362-A:9

En 903.02(a)-(c)

RSA 12-P:5, IV; RSA 362-A:9

En 903.02(d)

RSA 12-P:5, IV; RSA 374-F:7

En 903.02(e)-(g)

RSA 12-P:5, IV; RSA 362-A:9, X

En 903.02(h)

RSA 12-P:5, IV; RSA 362-A:9, IX

En 903.03

RSA 12-P:5, IV, RSA 362-A:9, X(b)

En 904

RSA 12-P:5, IV; RSA 362-A:9, X

En 905

RSA 12-P:5, IV; RSA 362-A:9, X

En 906

RSA 12-P:5, IV; RSA 362-A:9; RSA 374:15

En 907- En 908

RSA 12-P:5, IV; RSA 362-A:9, X

En 909.01 - En 909.04

RSA 12-P:5, IV; RSA 362-A:9, XIV(a)

En 909.05

RSA 12-P:5, IV; RSA 12-P:10; RSA 362-A:9, XIV; RSA 365:5; RSA 365:6; RSA 374:4

En 909.06

RSA 12-P:5, IV; RSA 362-A:9, X

En 909.07

RSA 12-P:5, IV; RSA 362-A:9, XIV; RSA 362-F:10, IV

En 909.08

RSA 12-P:5, IV; RSA 362-A:9, XIV(j)

En 909.09

RSA 12-P:5, IV; RSA 362-A:9, XIV; RSA 362-A:9, XIX

En 909.10

RSA 12-P:5, IV; RSA 91-A:5

En 909.11

RSA 12-P:5, IV; RSA 294-E

En 910.01- En 910.02(b)(1)

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 910.02(b)(2) - En 910.02(d)

RSA 12-P:5, IV; RSA 362-A:9, XIV(d)

En 910.02(e)-(k)(1)

RSA 12-P:5, IV; RSA 362-A:9, XIV(e)

En 910.02(k)(2)

RSA 12-P:5, IV; RSA 362-A:9, XIV(d); RSA 362-A:9, XIV(f)

En 910.02(k)(3) - En 910.02(k)(5)

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 910.02(k)(6)

RSA 12-P:5, IV; RSA 362-A:9, XIV(h)

En 910.02(l)-(q)

RSA 12-P:5, IV; RSA 362-A:9, XIV(e)

En 910.03 - En 910.04

RSA 12-P:5, IV; RSA 362-A:9, X

En 910.05(a)

RSA 12-P:5, IV; RSA 362-A:9, XIV(d)

En 910.05(b)

RSA 12-P:5, IV; RSA 362-A:9, XIV(f)

En 910.05(c) - En 910.06(c)

RSA 12-P:5, IV; RSA 12-P:10; RSA 362-A:9, X & XIV; RSA 365:5; RSA 365:6; RSA 374:4

En 910.06(d)

RSA 12-P:5, IV; RSA 362-A:9, XIV(j)

En 910.07

RSA 12-P:5, IV; RSA 91-A:5

En 910.08

RSA 12-P:5, IV; RSA 294-E

En 911.01 - En 911.04

RSA 12-P:5, IV; RSA 362-A:9, XIV(a)

En 911.05

RSA 12-P:5, IV; RSA 362-A:1-a, II-c

En 911.06

RSA 12-P:5, IV; RSA 362-A:1-a, II-c; RSA 362-A:9, XIV(a)

En 911.07

RSA 12-P:5, IV; RSA 362-A:9, XIV

En 911.08

RSA 12-P:5, IV; RSA 362-A:9, XIV(a)

En 911.09

RSA 12-P:5, IV; RSA 362-A:9, XIV; RSA 362-F:10, IV

En 911.10

RSA 12-P:5, IV; RSA 362-A:9, XIV(j)

En 911.11

RSA 12-P:5, IV; RSA 91-A:5

En 911.12

RSA 12-P:5, IV; RSA 294-E

History

#14568, eff 4-27-26, EXPIRES: 4-27-36

Chapter En 1200 applies to the administrative processes by which utility companies and customers interact in order to increase the level of information and protection provided to both and to ensure the equal application of these rules by all utilities. The rules include the former rules in Chapter Puc 1200 of the Public Utilities Commission (PUC) titled “Uniform Administration of Utility Customer Relations” regarding the provision of utility services, winter rules, and medical emergency rules. The authority for rule Puc 1203.05 titled “Implementation of Rate Changes” was not transferred to the Department because the functions pertaining to the establishment of rates or changes to rates are under the authority of the PUC pursuant to RSA 365:8, I.

Part En 1201 Purpose and Scope of Rules

N.H. Code Admin. R. Ann. En 1201.01 Purpose {#sec-en-1201.01 omnilex-key=us-nh-regs-official--agency-en--En 1201.01}

The purpose of these rules is to simplify and standardize the administrative processes by which customers and utilities interact in order to increase the level of information and protection provided to both and ensure, as far as is possible, the equal application of these rules by all utilities.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1201.02 Scope of Rules {#sec-en-1201.02 omnilex-key=us-nh-regs-official--agency-en--En 1201.02}

With the exception of En 1204 and where otherwise noted, these rules shall apply to any public utility providing electric, gas, sewer, or water service to the public in the state of New Hampshire excluding limited electrical energy producers as defined in RSA 362‑A. With the exception of En 1203.07, En 1203.11, En 1203.12, En 1203.16, En 1204.01, En 1204.02, En 1204.03, En 1204.04, En 1204.05, and En 1205, these rules shall not apply to rural electric cooperatives for which a certificate of deregulation is on file with the commission.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

Part En 1202 Definitions

N.H. Code Admin. R. Ann. En 1202.01 Arrearage {#sec-en-1202.01 omnilex-key=us-nh-regs-official--agency-en--En 1202.01}

"Arrearage" means any amount due to the utility for utility service which remains unpaid after the due date printed on the original bill.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.02 Commission {#sec-en-1202.02 omnilex-key=us-nh-regs-official--agency-en--En 1202.02}

"Commission" means the New Hampshire public utilities commission.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.03 Complaint {#sec-en-1202.03 omnilex-key=us-nh-regs-official--agency-en--En 1202.03}

"Complaint" means an expression of dissatisfaction by a customer which the utility has failed to resolve to the customer's satisfaction after the intervention of a supervisory employee of the utility or after the customer has requested such intervention.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.04 Conference {#sec-en-1202.04 omnilex-key=us-nh-regs-official--agency-en--En 1202.04}

"Conference" means a meeting held in person or by telephone in which the customer, utility and department staff participate.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.05 Current bill {#sec-en-1202.05 omnilex-key=us-nh-regs-official--agency-en--En 1202.05}

"Current bill" means the amount of money due to the utility for utility service, including all applicable state and federal taxes, rendered in the most recent billing period.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.06 Customer {#sec-en-1202.06 omnilex-key=us-nh-regs-official--agency-en--En 1202.06}

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

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.07 Department {#sec-en-1202.07 omnilex-key=us-nh-regs-official--agency-en--En 1202.07}

"Department" means the New Hampshire department of energy.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.08 Disconnection {#sec-en-1202.08 omnilex-key=us-nh-regs-official--agency-en--En 1202.08}

"Disconnection" means a technological function which occurs when a customer is physically or effectively separated or shut off from a utility service.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.09 Due date {#sec-en-1202.09 omnilex-key=us-nh-regs-official--agency-en--En 1202.09}

"Due date" means the date no less than 25 calendar days from the bill date when the bill is sent electronically or via first class mail.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.10 Financial hardship {#sec-en-1202.10 omnilex-key=us-nh-regs-official--agency-en--En 1202.10}

"Financial hardship" means a residential customer has provided the utility with evidence of current enrollment of the customer or the customer’s household in the Low Income Home Energy Assistance Program, the Electric Assistance Program, the Gas Residential Low Income Assistance Program, the Neighbor Helping Neighbor Program, their successor programs, or any other federal, state, or local government program or government funded program of any social service agency which provides financial assistance or subsidy assistance for low income households based upon a written determination of household financial eligibility.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.11 Late payment {#sec-en-1202.11 omnilex-key=us-nh-regs-official--agency-en--En 1202.11}

"Late payment" means any payment made to the utility or its authorized agent after the due date printed on the bill.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.12 Medical emergency {#sec-en-1202.12 omnilex-key=us-nh-regs-official--agency-en--En 1202.12}

"Medical emergency" means a situation where a utility customer or member of the customer’s household has a physical or mental health condition that would become a danger to the customer’s or household member’s physical or mental health in the absence of utility service as certified to the utility by a licensed physician, advanced practice registered nurse, physician’s assistant or mental health practitioner as defined in RSA 330-A:2, VII.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.13 Meter {#sec-en-1202.13 omnilex-key=us-nh-regs-official--agency-en--En 1202.13}

"Meter" means a device installed by a utility to measure the amount of use.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.14 Prime rate {#sec-en-1202.14 omnilex-key=us-nh-regs-official--agency-en--En 1202.14}

"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

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.15 Tariff {#sec-en-1202.15 omnilex-key=us-nh-regs-official--agency-en--En 1202.15}

"Tariff" means the current schedule of rates, charges, terms, and conditions filed by a utility and either approved by the commission or effective by operation of law.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.16 Termination {#sec-en-1202.16 omnilex-key=us-nh-regs-official--agency-en--En 1202.16}

"Termination" means a bookkeeping function which occurs when a customer account is closed permanently.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.17 Undue delay {#sec-en-1202.17 omnilex-key=us-nh-regs-official--agency-en--En 1202.17}

"Undue delay" means more than 3 business days from the later of the date by which the customer complies with all application requirements or the date for which service was requested, except during severe storms, heavy seasonal activity, and other similar unforeseeable circumstances.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.18 Utility {#sec-en-1202.18 omnilex-key=us-nh-regs-official--agency-en--En 1202.18}

"Utility" means every electric, gas, sewer, and water system or part thereof owned, operated or managed by an individual or business entity determined to be a public utility under New Hampshire statutes, and every municipal authority furnishing any of the above services outside its municipal boundaries excluding those municipalities exempted from regulation by RSA 362:4.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.19 Utility service {#sec-en-1202.19 omnilex-key=us-nh-regs-official--agency-en--En 1202.19}

"Utility service" means the provision of electric, gas, water, or sewer service in accordance with the terms and conditions of a tariff filed with and approved by the commission, or by a rural electric cooperative for which a certificate of deregulation is on file with the commission in accordance with its terms and conditions of service.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1202.20 Winter period {#sec-en-1202.20 omnilex-key=us-nh-regs-official--agency-en--En 1202.20}

"Winter period" means the period beginning November 15th and extending up to and including March 31st.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

Part En 1203 Service Provisions

N.H. Code Admin. R. Ann. En 1203.01 Initiation of Utility Service {#sec-en-1203.01 omnilex-key=us-nh-regs-official--agency-en--En 1203.01}

(a) The utility may require all applicants for service under a utility's filed tariff to make application to the utility in writing, in accordance with the forms prescribed by the utility.

(b) An applicant for service may initially make an oral application for service. If the utility requires written confirmation as provided for in (a) above, the utility shall require such written confirmation of the oral application to be made within 10 calendar days.

(1) Within the utility's authorized franchise area; and

(2) Equipped with existing utility facilities in compliance with local occupancy requirements.

(d) The utility shall make reasonable efforts to determine if the applicant has an outstanding balance with the utility at the time of the applicant’s request for service.

(e) An applicant for residential service shall not be held responsible for an outstanding balance incurred in the name of someone other than the applicant unless:

(1) The applicant and the individual in whose name the balance was incurred resided together at the time the balance was incurred; and

(2) The applicant and the individual in whose name the balance was incurred will continue to reside together at the location for which new service has been requested.

(f) Notwithstanding (c)(2) above, upon receiving a request for service to a location where facilities do not exist, all utilities shall provide all facilities necessary for service, or initiate a request for such facilities, where the provision of service to the location is economically feasible and the customer has obtained all necessary easements and permits and paid all applicable fees under the utility’s tariff, and those facilities shall be exempt from the timing constraints of En 1203.01(h) below.

(g) The utility may charge for connection of service as specified in its tariff.

(h) Upon compliance by an applicant with all application requirements, the utility shall complete the service connection, where facilities exist which support the requested service, without undue delay.

(i) At the time a customer contracts for construction involving the installation or modification of utility services, the utility shall provide the customer with written or electronic notice stating that there might be additional charges assessed by other providers for service requested by the customer from those providers.

(j) A utility shall not connect service at a rate other than the applicable tariffed rate or rate schedule unless a special contract for such service is in effect.

(k) A gas utility shall ask the customer applying for new service whether the service will be used to heat the location and for any other information necessary to determine if the appropriate rate will be a heating or non-heating rate.

(l) The utility shall not deny service to any otherwise qualified applicant based upon any of the following characteristics:

(1) Income;

(2) Home ownership;

(3) Race;

(4) Color;

(5) Creed;

(6) Sex;

(7) Gender identity;

(8) Sexual orientation;

(9) Marital status;

(10) Age, with the exception of unemancipated minors;

(11) National origin; or

(12) Disability.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.02 Information to Customers {#sec-en-1203.02 omnilex-key=us-nh-regs-official--agency-en--En 1203.02}

(a) Upon receiving a request for new service, the utility shall:

(1) Provide information as to what might be the most advantageous utility rate or rates available to the customer;

(2) Provide the customer with the current utility default energy service rate;

(3) Inform the customer that energy service can be provided through the utility or through a competitive supplier; and

(4) Provide the customer with the website address for the department's webpage on choosing an energy supplier.

(b) Upon a customer's request, each utility shall provide a written description of the utility's method of reading meters and deriving billing therefrom.

(c) All utilities that file an application with the commission for a general rate change shall send to each of its customers a clear and concise statement of the rate schedules applied for and indicate which schedules are applicable to that customer.

(d) The information required to be distributed to customers under (c) above shall be distributed no later than 45 calendar days from the date of filing.

(e) Upon application for service and no less frequently than annually, each customer shall be provided with the existing rate schedules or notified of how to obtain the existing rate schedules.

(f) If a utility provides the existing rate schedules in (e) above, the rate schedules shall be provided using one of the following methods:

(1) Bill insert; or

(2) Separate mailing.

(g) If a utility provides notice of how to obtain rate schedules in (e) above, notice shall be provided using one of the following methods:

(1) Bill message;

(2) Bill insert; or

(3) Separate mailing.

(h) Gas and electric utilities shall indicate in the statements required by (e) above:

(1) Whether the rate schedules are subject to any periodic rate adjustment clause; and

(2) The frequency with which rates under these clauses are subject to change.

(i) The statements required by (c) and (e) above shall include the toll-free number of the department’s consumer division.

(j) With the exception of sewer utilities, each utility shall provide notice on or with customer bills no less frequently than 2 times a year regarding medical emergency certification. The notice shall be consistent with the statement contained in En 1203.11(b)(2)l.

(k) All information required under En 1203.02 shall also be provided in a particular foreign language when 25% or more of the population within the utility's franchise area speaks that particular foreign language as its primary language. The determination of the percentage shall be made by the department based upon data obtained from the state agency responsible for maintaining the state data center.

(l) Electric and gas utilities shall provide residential customers with copies of the department-prepared pamphlet "Consumers' Rights and Responsibilities" in the following manner:

(1) The pamphlet shall be available and displayed prominently on the website of each electric and gas utility;

(2) Printed copies of the pamphlet shall be available and provided to any person requesting a copy at no charge;

(3) Notice that the pamphlet is available on the utility website and in printed form shall be provided a minimum of 3 times each year in or on all residential bills;

(4) The cost of printing and distributing the pamphlets shall be borne by the gas and electric utilities in percentage amounts equal to the ratio representing the individual utility's gross revenues compared to the total gross revenues for all gas and electric utilities; and

(5) A gas or electric utility's decision to independently incur additional costs to distribute copies or provide notice of the pamphlet's availability more frequently than required by these rules shall be deemed by the department an appropriate expense of doing business.

(m) Water and sewer utilities shall provide residential customers with notice of the department-prepared pamphlet "Consumers' Rights and Responsibilities" in the following manner:

(1) The pamphlet shall be available and displayed prominently on the website of each water and sewer utility if the utility maintains a website; and

(2) Notice that the pamphlet is available on the department’s website, and the utility website where applicable, shall be provided a minimum of 2 times each year in or on all residential bills.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.03 Deposits {#sec-en-1203.03 omnilex-key=us-nh-regs-official--agency-en--En 1203.03}

(a) As a condition of new residential service, a utility may require a deposit, or a written guarantee or direct debit account as provided for in (i) below, in the following circumstances:

(1) When the customer has an undisputed overdue balance, incurred within the last 3 years, on a prior account with the utility or any similar type of utility, as described in (c) below;

(2) When any utility has successfully obtained a judgment against the customer during the past 2 years for non-payment of a delinquent account for utility service;

(3) When the utility has disconnected the customer's service within the last 3 years because the customer interfered with, or diverted, the service of the utility situated on or about the customer's premises; or

(4) When the customer is unable to provide satisfactory evidence to the utility that the customer intends to remain at the location for which service is being requested for a period of 12 consecutive months, as described in (b) below, unless the customer provides satisfactory evidence that they have not been delinquent in their similar utility service accounts for a period of 12 months, as described in (b) below, in which case no deposit shall be required.

(b) For purposes of (a)(4) above, the following shall apply:

(1) Satisfactory evidence of intent shall consist of a copy of the customer's deed, lease, or letter from a landlord and shall be provided within 30 days of the deposit request; and

(2) Satisfactory evidence of non-delinquency shall consist of written statements by a representative of the similar utility service.

(1) For electric utilities, gas or electric utilities;

(2) For gas utilities, gas or electric utilities:

(3) For water utilities, water utilities; and

(4) For sewer utilities, sewer utilities.

(d) A utility’s request for a deposit, as a condition of new residential service, shall be made within 30 calendar days of initiating new service.

(e) As a condition of existing residential service, a utility may require a deposit, or a written guarantee or a direct debit account as provided for in (i) below, in the following circumstances:

(1) When the customer has received the following number of disconnect notices for nonpayment from the utility within a 12-month period:

a. For customers billed monthly, 4 disconnect notices; and

b. For customers billed quarterly, 2 disconnect notices;

(2) When the customer's service has been disconnected for non‑payment of a delinquent account;

(3) When the utility has disconnected the customer's service because the customer interfered with, or diverted, the service of the utility situated on, or delivered on or about, the customer's premises; or

(4) When the customer has filed for bankruptcy and listed the utility as a creditor under the filing, and the filing has been accepted, in which case the deposit requirement shall be in accordance with 11 U.S.C. § 366.

(f) As a condition of any service other than residential service, a utility may require a deposit.

(g) As part of any residential deposit request, the utility shall inform the customer, orally and in writing, of the following:

(1) That the deposit shall be waived if the customer provides evidence of financial hardship unless the customer has previously interfered with, or diverted, the service of the utility situated on, or delivered on or about, the customer's premises;

(2) That a customer claiming financial hardship shall present evidence of financial hardship to the utility on an annual basis; and

(3) The option to provide a third‑party guarantee in lieu of a deposit pursuant to (i)(1) below or, if offered by the utility, establish a direct debit account in lieu of a deposit pursuant to (i)(2).

(h) As part of any deposit request to a customer other than a residential customer, the utility shall inform the customer, orally and in writing, of the option to provide a third-party guarantee in lieu of deposit pursuant to (i)(1) below, or, if offered by the utility, establish a direct debit account pursuant to (i)(2) below in lieu of a deposit.

(i) In lieu of a deposit, a utility shall:

(1) Accept the irrevocable written guarantee of a responsible party such as a social service organization, a municipal welfare agency, a bank, or a customer in good standing of the utility as a surety for a customer service account. For purposes of this subparagraph, "customer in good standing" means a customer who has not received any disconnection notices during the preceding 12 months; or

(2) With the agreement of both the utility and the customer, establish a direct debit account whereby the customer’s payment shall be automatically debited from his or her bank account each month.

(j) Any irrevocable written guarantee referenced in (i)(1) above shall:

(1) Be in writing;

(2) Include the maximum amount guaranteed; and

(3) Specify that the utility shall not hold the guarantor liable for the sums in excess of the maximum amount guaranteed unless agreed to in a separate written agreement.

(k) The responsible party assuring the guarantee referenced in (i)(1) above shall be released from liability and no further deposit shall be required from the customer at the point in time when all bills have been paid without delinquency for 12 consecutive months for a residential customer and 24 consecutive months for a non‑residential customer.

(l) When a direct debit account is established in lieu of a deposit in accordance with (i)(2) above, the utility shall have the right to go back to the customer and request a deposit if the automatic withdrawal from the customer’s account fails for 2 successive months as a result of insufficient funds in the customer’s bank account.

(m) Any deposit required pursuant to En 1203.03 shall be subject to the following terms and conditions:

(1) The amount of deposit shall be:

a. No less than $10; and

b. No more than 2 times the average monthly bill, calculated as described below:

For new utility customers, the average monthly bill shall be determined by estimation based on the following:

(i) Customer information about the prior customer at that service address; and

(ii) Customer specific characteristics; and

For current utility customers, the average monthly bill shall be based on either:

(i) Actual past bills from the prior 12 months; or

(ii) If current utility customers have less than 12 months of actual service, the average monthly bill shall be determined pursuant to (m)(1)b.1. above;

(2) All deposits shall accrue simple annual interest from the date of deposit to the date of termination;

(3) Interest shall accrue at a rate equal to the prime rate;

(4) When a deposit has been held longer than 12 months, interest shall be credited to the customer's current bill not less than annually;

(5) The entire deposit plus interest accrued shall be refunded when all bills have been paid without arrearage for 12 consecutive months for a residential customer and 24 consecutive months for a non‑residential customer;

(6) With the agreement of the customer, deposits plus the interest accrued thereon may be applied against the current bills until the balance of the deposit is exhausted;

(7) Upon termination of service, the deposit plus interest accrued less any amount due the utility shall be refunded within 60 calendar days of the date of termination;

(8) A utility shall maintain a detailed record of all deposits received from customers showing:

a. The name of the customer or customers;

b. The location of the service;

c. The date the deposit was made;

d. The amount of the deposit;

e. The amount of interest accrued;

f. The date refunded to the customer; and

g. Any amount credited to the customer's account;

(9) The record required by (8) above shall be maintained by the utility for a period of 3 years subsequent to refunding the customer's deposit;

(10) Either by mail or in person, a utility shall provide each customer with a receipt for any deposit, containing, at a minimum:

a. The name of the customer or customers;

b. The location of the service;

c. The date and amount of the deposit payment; and

d. A statement of the terms and conditions governing the receipt, retention, refund, and payment of interest, and the payment and refund of deposits, pursuant to En 1203.03; and

(11) The utility shall offer the customer the opportunity to pay the deposit in installments as follows:

a. Except as otherwise negotiated pursuant to (11)b. and (11)c. below, payment shall be in 3 monthly installments with the first payment due upon demand, the second payment due within 30 calendar days, and the final payment due within 60 calendar days, provided that:

The first payment shall be for no more than the average monthly bill for utility service calculated as provided in En 1203.03(m)(1)b; and
The second and third payments shall be in equal installments of the remainder due;

b. Nothing shall prohibit the utility from negotiating payment of the deposit over a period longer than 3 months;

c. Nothing shall prohibit the customer from negotiating payment of the deposit over a period shorter than 3 months; and

d. Payment of the deposit in installments shall not relieve the customer of the obligation to pay the current bill in a timely manner.

(n) A utility shall not require a residential customer to make a deposit or furnish a guarantee as a condition of new or continued service based upon income, home ownership, residential location, race, color, creed, sex, gender identity, sexual orientation, marital status, age, national origin, or disability and shall make such requirement only in accordance with En 1203.03.

(o) A customer may request a conference with the department staff within 7 calendar days from receipt of the utility's request for a deposit if the customer is dissatisfied with a utility's request for deposit.

(p) Service disconnections resulting from the enforcement of En 1203.03 shall be delayed pending department resolution of the customer's request for a conference pursuant to (o) above.

(q) As part of any deposit request, the utility shall inform the customer, orally and in writing, of the customer's rights and responsibilities as described in (o) above.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.04 Meter Reading {#sec-en-1203.04 omnilex-key=us-nh-regs-official--agency-en--En 1203.04}

(a) Utilities which use meters shall read all service meters at regular intervals and on the corresponding day of each meter reading period insofar as practicable within regularly scheduled work days.

(b) Specific rules regarding meter readings for the utilities shall be found in En 300 for electric utilities, En 500 for gas utilities, and En 600 for water utilities.

N.H. Code Admin. R. Ann. En 1203.05 RESERVED {#sec-en-1203.05 omnilex-key=us-nh-regs-official--agency-en--En 1203.05}

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.06 Bill Forms {#sec-en-1203.06 omnilex-key=us-nh-regs-official--agency-en--En 1203.06}

(a) Bills shall be rendered at regular intervals.

(b) For utilities providing metered service, bills shall indicate at a minimum:

(1) The date of the current meter reading;

(2) The current meter reading;

(3) The prior meter reading;

(4) Any applicable penalty date;

(5) The approximate date of the next meter reading;

(6) All factors necessary to compute the charges;

(7) The charges;

(8) The utility's customer service phone number;

(9) A statement that customers should call the utility regarding billing questions; and

(10) A statement that customers may call the department for further assistance after first attempting to resolve disputes with the utility, which statement shall include the department’s toll-free telephone number.

(1) The beginning and ending dates of the billing period;

(2) Any applicable penalty date;

(3) The beginning and ending dates of the next billing period;

(4) All factors necessary to compute the charges;

(5) The charges;

(6) The utility's customer service phone number;

(7) A statement that customers should call the utility regarding billing questions; and

(8) A statement that customers may call the department for further assistance after first attempting to resolve disputes with the utility, which statement shall include the department’s toll-free telephone number.

(d) Bills for residential and non-residential service customers shall include one of the following:

(1) Summary of the current applicable rate; or

(2) Notice that a printed copy of the current applicable rate shall be furnished upon request.

(e) Bills shall be delivered:

(1) Via first class mail; or

(2) Via an electronic billing system when offered by the utility and elected by the customer.

(f) Each utility shall keep an accurate account of all charges for service billed to each customer and shall maintain records showing information from which each bill rendered may be readily computed.

(g) Upon request of a customer, a utility shall provide the customer with a clear and concise statement of the actual consumption of service by the customer for each billing period during the prior year.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.07 Payment Arrangements {#sec-en-1203.07 omnilex-key=us-nh-regs-official--agency-en--En 1203.07}

(a) With the exception stated in (b) below, when a residential customer is unable to pay the total arrearage due, the utility shall continue to provide service to the customer if the customer agrees to a payment arrangement wherein the customer shall:

(1) Pay a reasonable portion of the arrearage as agreed to by the customer and the utility;

(2) Pay the balance of the arrearage in reasonable installments as agreed to by the customer and the utility; and

(3) Pay the current bill and all future bills by the due date printed on the bill.

(b) When a residential customer is unable to pay the total arrearage due and the utility has been notified that a medical emergency exists pursuant to En 1205, the utility shall continue to provide service to the customer if the customer agrees to a payment arrangement wherein additional flexibility is built into the payment arrangement, including but not limited to negotiating a flat monthly payment, for application to both the arrearage and the customer's current and future bills.

(1) Size of the arrearage;

(2) Estimated size of the customer's future monthly bills;

(3) Customer's payment history;

(4) Amount of time that the arrearage has been outstanding;

(5) Reasons why the arrearage is outstanding and whether those reasons will or will not continue during the course of payment; and

(6) Customer's ability to pay.

(d) For an arrearage resulting from a non‑registering meter, inaccurate meter, meter reading error, or a reconciliation between estimated billings and actual usage, the payment arrangement shall extend for a minimum period of time equal to the period of time for which the error is being re‑billed.

(e) For billing adjustments due to specific meter inaccuracies, En 305.05, En 505.06, and En 605.05 shall apply.

(f) The utility may require payment at shorter than monthly intervals if the payment arrangements are made in lieu of disconnection or upon reconnection without a deposit.

(g) The utility shall confirm all payment arrangements in writing and issue a copy to the customer by mail or by hand within 5 business days of the date the arrangement is made.

(h) Written confirmation, pursuant to (g) above, shall include a statement that:

(1) Failure to comply with the payment arrangement can result in disconnection;

(2) The customer can contact the department’s consumer division if the customer disagrees with the confirmation; and

(3) Provides the toll-free telephone number for the department’s consumer division.

(i) The purpose of written confirmation as required by (g) above is to assure the customer of an opportunity to review and verify the terms of the payment arrangement.

(j) The utility shall not disconnect any customer for failure to comply with a payment arrangement which has not been timely confirmed in writing and received by the customer. For purposes of this section, receipt by the customer of a mailed confirmation shall be presumed 3 calendar days subsequent to mailing, or the actual date of delivery when known.

(k) Written notice of disconnection resulting from failure to comply with a payment arrangement shall be required if delivery of any previous disconnection notice occurred more than 45 days prior to the proposed date of disconnection.

(l) Notice required pursuant to (k) above shall be provided by U.S. Mail with a postmarked date no less than 14 calendar days prior to the proposed date of disconnection.

(m) Unless otherwise required by (k) above, the utility may disconnect without additional notice any customer for failure to comply with a properly confirmed payment arrangement, except as limited by En 1204 and En 1205.

(n) A customer may make payments pursuant to a properly confirmed payment arrangement to an authorized agent of the utility.

(o) At the conclusion of every payment arrangement negotiation, the utility representative shall advise the customer that the customer may contact a member of the department’s consumer division for review of the reasonableness of the arrangement offered by the utility and provide the toll-free number for the department’s consumer division.

(p) After reviewing the information provided pursuant to (c) above, the department’s consumer division shall waive the requirement of En 1203.07(a)(1), En 1203.07(a)(3), or both, where necessary given the customer’s financial circumstances, the amount due, and the customer’s payment history with the utility.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.08 Penalties and Charges {#sec-en-1203.08 omnilex-key=us-nh-regs-official--agency-en--En 1203.08}

(a) Subject to the following requirements, a utility may charge and collect a late payment charge for overdue bills of all non-financial hardship customers:

(1) A late payment charge may be imposed only after the due date printed on the bill;

(2) The date of payment to the utility's authorized agent shall be considered the payment date for purposes of this section; and

(3) A customer claiming financial hardship under this section shall provide evidence of financial hardship to the utility on an annual basis.

(b) A late payment charge on any overdue bill shall not exceed the amount set forth in the utility's tariff approved by the commission.

(c) When filing with the commission for approval of a late payment charge, the utility shall, in addition to any commission requirement, provide the department with:

(1) Aggregate carrying cost information;

(2) Aggregate administrative cost information; and

(3) Other relevant information in the aggregate or with respect to each customer class.

(d) A utility may impose a charge on a customer account whenever a check or draft presented for payment of service is not accepted by the institution on which it is written.

(e) The amount of the charge permitted by (d), above, shall not exceed the charge as specified in the utility’s tariff.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.09 Complaints by Customers {#sec-en-1203.09 omnilex-key=us-nh-regs-official--agency-en--En 1203.09}

(a) Each utility shall make a full and prompt investigation of customer complaints made either directly to the utility or through the department.

(b) A utility shall keep a record of complaints received for at least 2 years.

(1) The name, address, and telephone number, if known and available, of the complainant;

(2) The date and character of the complaint; and

(3) The resolution of the complaint, if any; and

(4) The resolution of the complaint by the department, if any.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.10 Termination of Service {#sec-en-1203.10 omnilex-key=us-nh-regs-official--agency-en--En 1203.10}

(a) A utility may require a customer to provide reasonable notice of intent to terminate service as follows:

(1) The period of the notice required by the utility pursuant to (a) above shall be noted in the utility's tariff;

(2) The notice period required by the utility shall not exceed 4 business days; and

(3) Until the later of the expiration of the notice period or the requested service termination, the customer shall be responsible for all charges incurred for service.

(b) A customer requesting service termination shall make a reasonable effort to provide the utility with access to the meter.

(c) If the customer is unable to provide the utility with access to the meter, the utility shall send a written request for access to the meter to the property owner, advising the property owner that failure to provide access to the meter within 10 calendar days from the postmarked date of the request shall result in the transfer of responsibility for the utility service to the property owner.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.11 Disconnection of Service {#sec-en-1203.11 omnilex-key=us-nh-regs-official--agency-en--En 1203.11}

(a) This section shall not apply to sewer utilities. Regulation of disconnection of sewer service shall be found in En 703.03.

(b) Except as described in En 1203.07 (h), (i) and (j) or listed under (c) below, a utility shall provide notice of disconnection that includes the following information:

(1) For purposes of this section, notice of disconnection to a residential or non‑residential customer shall consist of written notice setting forth the information listed in (2) below, postmarked 14 calendar days prior to the proposed date of disconnection; and

(2) Notice of disconnection shall set forth in clear, concise, and conspicuously printed words the following information:

a. The name and mailing address of the customer(s);

b. The service address, if different from the mailing address;

c. The account number;

d. The proposed date of disconnection of service;

e. A conspicuous statement that the notice of disconnection may be disregarded if the customer has negotiated a current payment arrangement pursuant to En 1203.07;

f. The reason for the disconnection of service;

g. The possible consequences of disconnection, such as deposit requirement, reconnection fee, and any other similar consequences;

h. The address and telephone number at which the customer may contact the utility;

i. A statement that the customer may contact the utility to discuss arrangements for payment;

j. The toll‑free telephone number of the department’s consumer division;

k. The method by which the customer may question or contest the disconnection notice, preceded in conspicuous type by the words "Important Notice - Your Rights";

l. The statement or a statement substantively consistent with the statement: "MEDICAL EMERGENCY- If you are a residential customer and believe that a medical emergency exists in your home or would exist if your service were to be disconnected, you may be protected from disconnection. Please contact us at [insert telephone number of the utility] for more information."; and

m. Any additional data which the utility deems pertinent.

(c) Notice to a residential or non-residential customer shall not be required if the utility notifies the department of the disconnection within 48 hours of the disconnection and one of the following conditions exists:

(1) The customer has obtained utility service in an unauthorized manner or used utility service fraudulently;

(2) The customer has clearly abandoned the property as demonstrated by the fact that the service address premises have been unoccupied and vacant for a period of 60 calendar days;

(3) There is a condition dangerous to the health, safety, or utility service of others ; or

(4) There is a clear and present danger to life, health, or physical property.

(d) The requirements of (c) above shall not be limited by En 1204 and En 1205.

(e) The requirements of (c) above shall not impose a duty on utilities to know of any dangerous condition, or to ensure against any such condition.

(f) The notification to the department required in (c) above shall not apply where the disconnection has occurred at the request of state or municipal officials such as fire, police, or other emergency response officials.

(g) Except as limited by (h) below and En 1204 and En 1205, a utility may disconnect service to a residential customer after notice if any one of the following circumstances exists:

(1) When the customer has failed to pay an arrearage after proper demand therefore;

(2) When the customer has failed to pay a deposit request, establish a direct debit account, or provide an acceptable third-party guarantee in lieu of the deposit pursuant to En 1203.03;

(3) When the customer has failed to pay the bill and failed to enter into a payment arrangement for payment of the bill on or before the due date printed on the bill; or

(4) When the customer refuses access to the residential premises for a necessary inspection or replacement of utility property, including but not limited to the reading of meters.

(h) A utility shall not disconnect a residential customer's service and a notice of disconnection shall not be sent to a residential customer if any of the following conditions exist:

(1) The customer's arrearage is less than 60 calendar days outstanding and is less than $100;

(2) The unpaid bill results from service other than utility service, such as merchandise, appliance sales, or repairs;

(3) A municipal welfare office has guaranteed payment of the average monthly bill on behalf of the customer, pursuant to the town's public welfare obligations under RSA 165, and the customer agrees to enter into a reasonable arrangement for repayment of the amount in arrears pursuant to En 1203.07; or

(4) The arrearage is for prior residential service furnished in the name of someone other than the customer of record unless:

a. The customer of record and the above-mentioned person other than the customer of record resided together at the address where the arrearage was incurred;

b. Both that person and the customer of record received the benefit of the utility service;

c. Both that person and the customer of record reside together at the current service address and receive the benefit of the current utility service; and

d. The person other than the customer of record refuses to enter into a payment arrangement subject to all the provisions of En 1203.07.

(i) A utility may disconnect service to a non‑residential customer after proper notice if any of the following conditions exist:

(1) The customer has failed to pay any arrearage remaining unpaid after proper demand therefore;

(2) The customer has violated any tariff provision;

(3) The customer has failed to pay a properly requested deposit, establish a direct debit account, or provide an acceptable third-party guarantee; or

(4) The customer refuses access to the premises for a necessary inspection of utility property, including but not limited to the reading of meters.

(j) Unless special arrangements are made with the customer, a utility shall only disconnect service to its residential customers from 8:00 am to 3:30 pm Monday through Thursday.

(k) The utility shall not disconnect service to its residential customers during the time specified by (j) above if the proposed disconnection would occur on:

(1) A state or federal holiday;

(2) The day preceding a state or federal holiday;

(3) A day the department is closed to the public; or

(4) The day preceding a day the department is closed to the public.

(l) Unless special arrangements are made with the customer, a utility shall only disconnect service to its non-residential customers from 8:00 am to 3:30 pm Monday through Friday.

(m) The utility shall not disconnect service to its non-residential customers during the time specified by (l) above if the proposed disconnection would occur on:

(1) A state or federal holiday; or

(2) A day the department is closed to the public.

(n) The utility shall have 8 business days from the date of the proposed disconnect in which to implement the disconnection.

(o) Except as limited in En 1205.05, before disconnection of residential service, the utility employee disconnecting the service shall notify an adult residing at the premises or leave a written notice if no adult is at the premises.

(p) The notice provided under (o) above shall include the following information:

(1) Procedures the customer must follow to be reconnected;

(2) The address and telephone number at which the customer may contact the utility; and

(3) The toll-free telephone number of the department’s consumer division.

(q) When the utility sends an employee to a residential customer's premises for the purpose of disconnecting service and the customer tenders payment of the past due amount in full to prevent disconnection, the employee shall act as follows:

(1) The utility's employee shall accept the payment, provide the customer with a receipt, and leave the service intact as long as the following is true:

a. The employee shall know the full past due amount to be paid to bring the customer's account current;

b. The employee shall not be required to make change; and

c. The employee shall not be required to negotiate payment arrangements; or

(2) Without disconnecting the customer's service, the utility's employee shall direct the customer to go immediately to the utility's nearest office or payment agency and tender payment there.

(r) A utility may charge for collection of payment at the customer's premises in accordance with the utility's tariffs on file with the commission.

(s) The utility shall not be required to follow the procedures described in (q) above more than 2 times in a 12-month period.

(t) A utility may use a third party to conduct collection activities provided:

(1) The third party complies with En 1200; and

(2) For all accounts other than terminated accounts, the use of a third party is transparent to the customer.

(u) The department shall impose a moratorium on disconnections of service when there exists an imminent peril to the public's health, safety, or welfare.

(v) Utilities shall maintain records showing the:

(1) Number of disconnection notices sent out annually; and

(2) Annual number of and reasons for actual disconnections.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.12 Disconnection of Service in Residential Tenant/Landlord Situations {#sec-en-1203.12 omnilex-key=us-nh-regs-official--agency-en--En 1203.12}

(a) This section shall apply to:

(1) Utilities other than sewer utilities; and

(2) Situations where the landlord is the utility's customer of record.

(b) "Tenant," for purposes of this section, means a person who rents and occupies a room in a rooming house or a person who rents and occupies a dwelling unit, in a building or mobile home park owned by another, consisting of contiguous living, sleeping, kitchen, and bathroom facilities for the exclusive use of that person and the customer's household. “Tenant” specifically excludes a person who rents a unit for short‑term, vacation, or recreation purposes.

(c) Except in the circumstances listed under (e) below, no utility shall disconnect service to a customer if any part of the service provided accrues to the benefit of one or more parties known by the utility to be residential tenant(s) as defined in (b) above, unless the utility gives written notice to those tenants pursuant to (d) below.

(d) Written notice of disconnection shall set forth:

(1) The date on or after which the utility proposes to disconnect service;

(2) A statement that the reason for disconnection is a dispute between the utility and the landlord;

(3) A statement that the tenant should contact the landlord for more information regarding the dispute;

(4) A statement that the tenant has a right to put service in his or her own name and thereby become the customer of record pursuant to (h) below when the utility service benefits only that tenant;

(5) An address and telephone number at which the tenant may contact the utility; and

(6) The toll-free telephone number of the department’s consumer division.

(e) A utility may disconnect service without giving notice to tenants in the following circumstances:

(1) When necessary to avoid danger to life, health, or property; and

(2) Upon the order of a duly constituted public authority such as state municipal fire, police, or other emergency response officials.

(f) Immediately upon learning that a tenant has been erroneously disconnected without notice, the utility shall reconnect service at no cost to the tenant and shall proceed with proper notice pursuant to this section.

(g) Delivery of written notice shall be made on the tenants at least 10 calendar days in advance of the proposed disconnection in the following manner:

(1) By posting a conspicuously lettered notice at least 10 calendar days prior to the proposed date of disconnection in a common area or such other place within the building or mobile home park as is likely to receive the attention of the tenants; and

(2) In addition to (1) above, a utility shall deliver written notice by one of the following methods:

a. Posting or hanging the notice on the front or back door of each tenant's dwelling unit;

b. Sliding the notice under the front or back door of each tenant's dwelling unit; or

c. By mail which is postmarked not less than 14 calendar days prior to the proposed date of disconnection and addressed to each tenant by name or to the "occupant" of each affected dwelling unit.

(h) The utility shall provide service to a tenant in the tenant's own name as customer of record if so requested and if the meter provides utility service to only that tenant, when known by the utility, subject to the terms and requirements of the utility's tariff and this chapter, without requiring the tenant to pay any part of the landlord's past due balance as a condition of receiving service.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.13 Reconnection of Service {#sec-en-1203.13 omnilex-key=us-nh-regs-official--agency-en--En 1203.13}

(a) When the cause for a disconnection has been removed, the utility shall reconnect service upon the customer's request.

(b) When the cause of the disconnection is failure to pay an arrearage, the utility shall reconnect service upon the customer’s request when:

(1) All the arrearages have been paid;

(2) The customer has agreed to enter into a payment arrangement for the unpaid arrearage in accordance with En 1203.07; or

(3) The customer has provided evidence of an agreement with a municipal welfare official, pursuant to RSA 165, or with another social service agency, in accordance with En 1203.14, to pay an amount equal to the average monthly bill and the customer has agreed to enter into a payment arrangement for the unpaid arrearage in accordance with En 1203.07.

(c) The utility shall endeavor to reconnect service during regular business hours on the day of the request. When the customer requests that service be reconnected at other than regular business hours, the utility shall attempt to make the reconnection, provided, however, that the utility shall be under no obligation to do so unless a medical emergency exists.

(d) The department shall order a utility to reconnect service during other than regular business hours when it determines that:

(1) A medical emergency exists;

(2) Property damage would occur; or

(3) Other circumstances exist which involve significant risk to health, safety, or property and which require immediate reconnection.

(e) A charge shall be made for reconnection of service in accordance with tariffs on file. However, no charge shall be made when the cause for disconnection was not in compliance with En 1203.11, En 1203.12, and En 1205 or when the department orders reconnection pursuant to 1203.13(d).

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

(a) The utility shall provide the names and addresses of those social service organizations in its franchise area, known to the utility as providing possible assistance with the payment of utility bills, to its customers who are experiencing difficulty in paying utility bills.

(b) The utility shall make arrangements with social service organizations that might provide assistance so that the utility will receive notice by telephone or in writing, within 4 business days of a customer's application for assistance, that the social service organization will agree to pay an amount equal to the customer’s average bill.

(c) The utility shall continue to provide utility service to the customer for 10 calendar days following notification from the customer or social service organization of a scheduled appointment for a review of the customer’s eligibility for assistance with the payment of utility bills.

(d) When a social service organization notifies the utility that the organization has agreed to pay the current bill of the customer each month, the utility shall treat the social service organization as the party responsible for payment of bills.

(e) The utility shall provide the customer with a monthly accounting of the customer's billing and payment history during the period when the social service organization is making payments.

(f) Notice of disconnection shall not be sent to any customer receiving monthly assistance with the payment of the customer's utility bill from a social service organization unless the utility has determined that the customer's assistance from the organization has been fully spent down or is no longer available for payment of current utility bills.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.15 Denial of Service {#sec-en-1203.15 omnilex-key=us-nh-regs-official--agency-en--En 1203.15}

(a) If the relevant statute of limitations has not yet run, a utility may deny new service to any applicant due to an outstanding arrearage with that particular utility for prior service.

(b) If the relevant statute of limitations has run, a utility may deny new service to any applicant due to an outstanding arrearage with that particular utility for prior service if the utility has pursued recovery of the debt through the court system.

(1) A reasonable payment arrangement can be made under En 1203.07; or

(2) The utility has a current payment arrangement under En 1203.07.

(d) In order to prevent the practice of name‑swapping, a utility may deny new utility service to any applicant due to an outstanding arrearage with that particular utility for prior service furnished in the name of a person other than the applicant as follows:

(1) For residential service, the utility may deny new utility service when the following statements are true about the applicant and the above‑mentioned person other than the applicant in whose name prior service was furnished:

a. They resided together at the address where the arrearage was incurred;

b. They both received the benefit of the utility service;

c. They both will benefit from the applied for utility service; and

d. The applicant refuses to enter into a reasonable payment arrangement pursuant to En 1203.07 for an outstanding arrearage for which the applicant is responsible pursuant to this section; and

(2) For non-residential service, the utility may deny new utility service when the following statements are true about the applicant and the above-mentioned person other than the applicant in whose name prior service was furnished:

a. They were principals of a business at the address where the arrearage was incurred or the same business continues to operate at that address and there is no evidence of a change in majority ownership or effective control of that operating business;

b. They both received the benefit of the utility service; and

c. They both will benefit from the applied for utility service.

(e) The utility shall provide the applicant described in (d)(1) with the toll-free telephone number of the department’s consumer division if the applicant disputes the transfer of responsibility for the outstanding arrearage.

(f) Utilities shall maintain records showing the annual number of and reasons for denials of applications for service.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.16 Disconnection Conferences {#sec-en-1203.16 omnilex-key=us-nh-regs-official--agency-en--En 1203.16}

(a) Upon receipt of the notice of disconnection, a customer may request and the utility shall grant a conference with the utility prior to the proposed date of disconnection specified on the notice, as follows:

(1) A utility shall not be required to grant a conference to a customer whose request for a conference is made on the proposed disconnect date, although the utility may grant one;

(2) A customer whose request for a conference is made either one or 2 days prior to the proposed disconnect date shall be entitled to a conference no later than 3 business days after the request; and

(3) Service shall not be disconnected prior to the latest of the following:

a. Five business days after the conference;

b. Five business days after the postmarked date of the utility's written decision relating to the conference; or

c. The proposed date of disconnection specified in the disconnect notice.

(b) The conference requested shall consist of:

(1) A meeting between the customer and the utility conducted by telephone;

(2) Discussions between the customer and the utility relating to the disconnect notice; and

(3) An agreement that the utility shall notify the customer of the utility's resolution to the dispute by a date certain.

(c) The utility shall make a memorandum regarding the outcome of each conference. Should a conference with the department staff be requested, pursuant to (d) below, the utility shall forward a copy of the conference memorandum to the department and to the customer.

(d) During the conference, the utility shall inform the customer of the customer's right to request a conference with the department staff if the customer is dissatisfied with the outcome of the conference, pursuant to (e) below.

(e) A request for a conference with the department staff shall be made as follows:

(1) The customer's request for a conference with the department staff shall be made before the date of the proposed disconnection or within 5 business days after issuance of the utility's notification to the customer of the utility's resolution to the dispute as described in (b)(3), whichever is later; and

(2) The customer's request shall be made to the department in writing, in person, or by telephone.

(f) Failure to request a conference with the department staff within 5 business days after issuance of the utility's notification of the utility's resolution to the dispute shall result in implementation of the utility's decision pursuant to the conference with the utility.

(g) A conference with the department staff shall be scheduled at the convenience of the customer during normal business hours but shall be held no more than 15 business days following the date of the request.

(h) A report of the outcome of the conference with the department staff shall be prepared by the department staff and provided to all parties within 10 business days following the conference.

(i) If a customer requests a conference with the department staff, the utility shall continue service to the customer until such time as the department staff determines whether the disconnection is justified pursuant to these rules.

(j) If the utility or the customer does not agree with the outcome of the conference with the department staff, the party not in agreement may file a formal complaint pursuant to RSA 365:1 with the commissioner of the department within 5 business days following receipt of the report in (h) above.

(k) The utility shall not disconnect service for non-payment of any disputed amounts until the customer has exhausted all remedies before the department.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.17 Conference to Mediate Complaints Other Than Disconnection Complaints {#sec-en-1203.17 omnilex-key=us-nh-regs-official--agency-en--En 1203.17}

(a) A conference may be held between and among the customer, the utility, and the department’s consumer division when prior discussion between and among the aforementioned parties has failed to result in a satisfactory resolution of the complaint.

(b) A conference may be held at the request of the customer or the utility. Provided no violations of department rules or the utility’s tariff exist or efforts to otherwise mediate the complaint are not appropriate, the department's consumer division shall deny a request for a conference made by the customer or the utility.

(d) A conference shall be scheduled at the convenience of the customer during normal business hours but shall be held no more than 15 business days following the date of the request.

(e) A report of the outcome of the conference shall be prepared by department staff and provided to all parties within 10 business days following the conference.

(f) If the utility or the customer does not agree with the outcome of the conference, or with the consumer division’s determination denying a request for a conference, that a conference shall not be granted, the party not in agreement may file a formal complaint with the department pursuant to RSA 365:1.

(g) The utility shall not disconnect service for non-payment of any disputed amounts until the customer has exhausted all remedies before the department and, where the commission has jurisdiction, the commission.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.18 Transfer of Service {#sec-en-1203.18 omnilex-key=us-nh-regs-official--agency-en--En 1203.18}

(a) Whenever a utility receives a request to change an account for service from one customer to another or to add another name to an account, the following shall apply:

(1) The utility shall give timely notice of such change to the new customer; and

(2) The utility may require written confirmation of the request from the new customer.

(b) For the purposes of this section, timely notice means notice made to the new customer within 5 business days of the utility's receipt of the request to change an account for service from one customer to another.

(c) Until timely notice is given pursuant to (a)(1) above, or until the new customer has given confirmation pursuant to (a)(2) above, the original customer of record shall remain liable for charges on the account.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.19 Interruption of Service {#sec-en-1203.19 omnilex-key=us-nh-regs-official--agency-en--En 1203.19}

(a) In the event of interruption of service, utilities shall re-establish service within the shortest time practicable consistent with safety.

(b) When service is interrupted because the utility must perform work on mains, lines, or equipment, the utility shall perform the work at a time causing minimum inconvenience to customers consistent with the circumstances.

(c) Whenever practicable with reference to the planned work contemplated by (b) above, utilities shall notify the following customers, where known, in advance:

(1) Alarm services;

(2) Medical alert services;

(3) Emergency services;

(4) Medical emergency customers; and

(5) Other similarly situated customers who will be seriously affected by the service interruption.

(d) A utility may interrupt or curtail service or vary the characteristics thereof in the following circumstances:

(1) When necessary to prevent injury to persons or property;

(2) When requested by state and municipal fire, police, or emergency response officials; and

(3) When necessary to effect a temporary load reduction or temporary rationing of product for the common good of the utility system.

(e) Additional specificity regarding interruption of service shall be contained in the following rules:

(1) Electric, En 300;

(2) Gas, En 500;

(3) Water, En 600; and

(4) Sewer, En 700.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1203.20 Utility Reports {#sec-en-1203.20 omnilex-key=us-nh-regs-official--agency-en--En 1203.20}

(a) Each electric or gas utility with more than 10,000 customers shall submit electronically the following reports to the department’s consumer division:

(1) Utility Disconnection Activity Report; and

(2) Utility Accounts Receivable Report.

(b) Each utility shall file such reports on a monthly basis, no later than 30 calendar days following the last day of the month which is the subject of the report.

(1) The title "Utility Disconnection Activity Report";

(2) The name of the utility making the report;

(3) The month and year represented by the information contained in the report;

(4) The number of business days for the month representing the information contained in the report; and

(5) The following information for each billing month:

a. The number of disconnection notices sent by the utility with corresponding information regarding the following:

The total amount of the money owed on accounts subject to the disconnection notice sent to customers; and
The total amount that is past due on such accounts;

b. The total number of disconnections with corresponding information regarding the following:

The total amount of money owed on the accounts disconnected; and
The total amount that is past due on such accounts; and

c. The total number of customers previously disconnected whose service was restored with corresponding information regarding the following:

The number restored the same day; and
The number restored the following day or thereafter.

(d) The Utility Accounts Receivable Report shall:

(1) Be filed with the department each month, no later than 30 days following the last day of the month which is the subject of the report; and

(2) Include the following information regarding residential customers:

a. The title "Utility Accounts Receivable Report" identified by the month and calendar year applicable to the data in the report;

b. The name of the utility making the report;

c. Sales revenue for the applicable month and year-to-date;

d. Sales by unit of measure for the applicable month and year-to-date;

e. Number of bills for the applicable month and year-to-date;

f. Average bill by dollar value and unit of measure for the applicable month and year-to-date;

g. Gross write-offs for the applicable month and year-to-date;

h. Net write-offs for the applicable month and year-to-date;

i. Amounts of any previously written off balances which were collected in the applicable month and year-to-date;

j. Late charge revenue billed for the applicable month and year-to-date; and

k. Utility accounts receivable information aging data, in dollar amounts, for the applicable billing month and year-to-date as follows:

l. Current;

Thirty days in arrears;
Sixty days in arrears;
Ninety days in arrears;
Over 90 days in arrears; and
A total of items 1.-5. above.

(e) The information required in (d)(2)k above shall also be provided for residential terminated accounts.

(f) For purposes of complying with (e) above, to the extent that a utility cannot separate residential accounts from accounts other than residential accounts, the utility shall report the combined information and note on its report to the department that the information represents all customer accounts.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

Part En 1204 Winter Rules

N.H. Code Admin. R. Ann. En 1204.01 Applicability of Winter Rules {#sec-en-1204.01 omnilex-key=us-nh-regs-official--agency-en--En 1204.01}

En 1204, Winter Rules, shall apply only to residential customers of public utilities providing gas or electric service in the state of New Hampshire excluding limited electrical energy producers as defined in RSA 362-A. The requirements of this section shall be in addition to those disconnection provisions of En 1203.11 and En 1203.12. Where the circumstances triggering the application of En 1204 and En 1205 occur concurrently, the provisions of En 1205 shall govern.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1204.02 Effect of Arrearages {#sec-en-1204.02 omnilex-key=us-nh-regs-official--agency-en--En 1204.02}

Arrearages existing on customers’ bills prior to the winter period shall not make a customer eligible for disconnection during the winter unless the arrearages exceed, either singly or when added to winter arrearages, the amount noted in 1204.03 below.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1204.03 Protection from Disconnection {#sec-en-1204.03 omnilex-key=us-nh-regs-official--agency-en--En 1204.03}

(a) An arrearage resulting from non-payment of bills for service rendered during the winter and non-winter period shall exceed the following amounts before a notice of disconnection for a primary residence can be sent:

(1) For gas non-heating customers, $125;

(2) For electric non-heating customers, $225; and

(3) For electric and gas heating customers, $450.

(b) Notwithstanding (a) above, during the winter period utilities shall seek department approval before disconnecting the service of residential customers known to be 65 years or older.

(c) No residential customer shall be disconnected during the winter period for non-payment of a deposit or portion of deposit.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1204.04 Payment Arrangements {#sec-en-1204.04 omnilex-key=us-nh-regs-official--agency-en--En 1204.04}

(a) During the winter period, the requirements of En 1203.07 relative to payment arrangements shall be replaced by the following:

(1) For non-financial hardship customers, the payment arrangement shall include a promise to pay the current bill on or before the due date and permit repayment of the arrearage in equal installments over the winter period and the 6 months following the conclusion of the winter period; and

(2) For financial hardship customers, unless otherwise requested by the customer, the payment arrangement shall be as follows:

a. For a period of 12 months, with monthly payments equal to one twelfth of the total balance due plus one twelfth of the projected future monthly bills for the 12-month period; or

b. For the duration of the winter period with monthly payments equal to 10% of the monthly total balance due.

(b) Notwithstanding the provisions of (a) above, no utility shall be required to change the terms of existing payment arrangements to comply with the provisions of (a) above unless so requested by the customer.

(c) At the end of the winter period, customers having arrearages and who are without an existing payment arrangement shall be provided an opportunity to make a payment arrangement under En 1203.07 and the following requirements:

(1) The payment arrangement shall permit repayment of the arrearage in equal installments over the 6 months following the conclusion of the winter period; and

(2) The payment arrangement shall establish arrearage payments which shall be in addition to payment of current bills.

(d) Customers claiming financial hardship under this section shall provide evidence of financial hardship to the utility on an annual basis.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1204.05 Winter Period Notice of Disconnection {#sec-en-1204.05 omnilex-key=us-nh-regs-official--agency-en--En 1204.05}

(a) In addition to the notice of disconnection required by En 1203.11 and En 1203.12, during the winter period notice shall be provided to an adult residing at the affected residence in the following manner:

(1) In person or by telephone; and

(2) A minimum of 2 business days but no more than 8 business days prior to the date of the proposed disconnection.

(b) If the utility is unable to notify an adult residing at the affected residence pursuant to (a) above, the utility shall seek department approval before disconnecting service.

(1) Customer's age or estimate thereof;

(2) The number of children in the household under the age of 5, if known;

(3) The number of household members over the age of 65, if known;

(4) Amount of the customer's arrearage;

(5) Date and amount of the last 6 payments;

(6) Date and amount of the last 6 bills;

(7) The existence of any prior medical emergency certifications for the customer or household members; and

(8) The existence and nature of any financial hardship, if known.

(d) The department shall not approve disconnection of service to customers when the following conditions exist:

(1) The customer has financial hardship; and

(2) The customer has made a good faith effort to make payments towards the utility bill.

(e) Customers claiming financial hardship under this section shall provide evidence of financial hardship to the utility on an annual basis.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1204.06 Review of Pre-Winter Period Disconnections {#sec-en-1204.06 omnilex-key=us-nh-regs-official--agency-en--En 1204.06}

(a) For each customer disconnected for non-payment from April 15 through October 15 and whose account remains inactive as of November 1, the utility shall send a letter via first class mail no later than November 7 to the last known customer of record for that service address.

(b) The letter shall include the following:

(1) The name of the customer or customers;

(2) The service address;

(3) A statement that the utility’s records show the customer was disconnected for non-payment and the date on which the disconnection occurred;

(4) A statement directing the customer to contact the utility to arrange to have utility service restored;

(5) The utility’s toll free customer service telephone number; and

(6) The toll free telephone number of the department’s consumer division.

(c) In addition to the letter described in (b) above, each electric or gas utility shall place a notice on its website during the month of October which:

(1) Explains the reconnection policy for financial hardship and medical emergency customers;

(2) Provides the utility’s toll free customer service telephone number; and

(3) Provides the toll free telephone number of the department’s consumer division.

(d) Customers who contact the utility shall be offered a payment arrangement:

(1) That is compliant with En 1204.04 (a); and

(2) Under which 10% of the outstanding balance shall be sufficient to restore service when the customer provides evidence that a financial hardship exists.

(e) The utility shall provide the names, addresses, and telephone numbers of social service agencies in the customer’s vicinity known to the utility as providing possible assistance with the payment of utility bills to customers who contact the utility and are unable to make the minimum payment.

(f) When a customer indicates that a household member has a medical emergency as defined in En 1202.12, the utility shall inform the customer of their rights as detailed in En 1205 and service will be restored upon:

(1) The oral notification of the existence of a medical emergency pursuant to 1205.02 (d); and

(2) Establishment of a payment arrangement in accordance with En 1203.07.

(g) Annually, the utility shall submit a report to the department no later than December 10 summarizing:

(1) The number of letters mailed; and

(2) The number of customers whose service was restored.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

Part En 1205 Medical Emergency Rules

N.H. Code Admin. R. Ann. En 1205.01 Applicability of Medical Emergency Rules {#sec-en-1205.01 omnilex-key=us-nh-regs-official--agency-en--En 1205.01}

The provisions of En 1205 shall apply to service provided to residential customers at their primary residences by electric, gas, and water utilities. For the purposes of this section, the primary residence for a minor child with a medical emergency certification shall include the primary residences of any parent or guardian with shared residential responsibility. The requirements of this section shall be in addition to those requirements of En 1203.11 and En 1203.12. When the circumstances triggering the application of En 1204 and En 1205 occur concurrently, the provisions of En 1205 shall govern. Medical emergency rules pertaining to service provided by telephone utilities to residential customers shall be found in En 410.04.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1205.02 Medical Emergency Certification {#sec-en-1205.02 omnilex-key=us-nh-regs-official--agency-en--En 1205.02}

(a) Provision of a medical emergency certification, in conjunction with a payment arrangement for any past due balances in accordance with En 1203.07, shall be sufficient to protect a customer’s account from disconnection of service so long as the customer complies with the terms of the payment arrangement and follows the requirements for renewal of the certification upon its expiration, as set forth in En 1205.02(f).

(b) A medical emergency certification shall be valid for the period of time designated by the licensed physician, licensed advanced practice registered nurse, or licensed physician’s assistant, or mental health practitioner as defined in RSA 330-A:2, VII, provided the certification is for no less than 90 days and no more than one year.

(d) Oral notification of the existence of a physical or mental health condition which would become a danger to the physical or mental health of the customer or household member may be provided to the utility by the customer and shall be sufficient to protect a customer’s account from disconnection of service provided:

(1) Certification as described in (e) below from a physician, advanced practice registered nurse, physician’s assistant, or mental health practitioner is received within 15 calendar days; and

(2) Any prior oral notification made within the past 12 months has been documented through certification as described in (e) below.

(e) Certification of a medical emergency by a physician, advanced practice registered nurse, physician’s assistant, or mental health practitioner shall:

(1) Contain a statement to the effect that the customer or identified member of the customer’s household has a physical or mental health condition which would become a danger to the customer’s or household member’s physical or mental health should the utility service be disconnected;

(2) Be in writing, which includes any electronic communication, or be made by telephone with written or electronic confirmation received by the utility within 15 calendar days of the telephoned certification;

(3) Contain licensing information for the physician, advanced practice registered nurse, physician’s assistant or mental health practitioner; and

(4) Indicate the medical necessity for and use of any life support equipment by the customer or identified member of the customer’s household.

(f) All renewals of medical emergency certifications shall comply with (b) and (e) above.

(g) The medical emergency certification may be made through the completion of a form provided by the utility or another written or electronic format provided such other format complies with the provisions of (e) above.

(h) Upon being notified of the existence of a medical emergency in accordance with (d) or (e) above, the utility shall inform the customer in writing of the following:

(1) The customer’s continuing obligation to pay for services;

(2) The requirement to enter into and comply with a payment arrangement consistent with En 1203.07 as a condition of the medical emergency certification;

(3) That failure to comply with any payment arrangement entered into with the utility will result in disconnection of service;

(4) The option to designate a third-party contact for communications with the utility regarding billing and other matters related to the customer’s account;

(5) The customer’s responsibility to renew any medical emergency certification on a timely basis to ensure continued service; and

(6) The need for the customer to plan for power outages that might occur.

(i) If certification of a medical emergency has not been provided within 15 days of receipt of oral notice from a customer or the physician, advanced practice registered nurse, physician’s assistant, or mental health practitioner that a medical emergency would exist if utility service were disconnected, the utility shall send a reminder notice to the customer advising that such certification must be received within 15 days of the date of the reminder or disconnection will occur on a specified date at least 16 days from the date of the reminder notice.

(j) Provided the reminder notice described in (i) above contains the information required in En 1203.11(b)(2), the utility shall not be required to send a separate notice of disconnection.

(k) If the utility does not receive written or electronic certification of the medical emergency within the time period in (i) above, the utility may disconnect service in accordance with En 1203.11.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1205.03 Disconnections of Service to Medical Emergency Customers {#sec-en-1205.03 omnilex-key=us-nh-regs-official--agency-en--En 1205.03}

(a) A utility shall not disconnect service to a customer who has provided current verification of a medical emergency and is complying with a payment arrangement.

(b) If a customer does not enter into a payment arrangement or does not comply with the terms of a payment arrangement negotiated in accordance with En 1203.07, the utility may seek permission to disconnect service to the customer.

(c) When requesting permission from the department to disconnect service, the utility shall provide the department with the following information:

(1) The name of the customer or customers:

(2) The service address;

(3) The mailing address if different from the service address;

(4) The customer’s account number;

(5) The requested date for disconnection;

(6) The history of the medical emergency certifications on the account;

(7) The amount of the arrearage;

(8) The amounts and dates of the last 12 payments received by the utility;

(9) The amount of the utility’s proposed payment arrangement;

(10) The last 12 months of billing history;

(11) Summary of collection activities on the account;

(12) The number of children in the household under the age of 5, if known;

(13) The number of household members over the age of 65, if known;

(14) The existence and nature of any financial hardship, if known, as documented on an annual basis by the customer claiming financial hardship; and

(15) Any other information the utility deems pertinent.

(d) When the utility seeks department authorization to disconnect service pursuant to this section, it shall notify the customer in writing of its request and provide a copy of the request for authorization at the same time.

(e) Notwithstanding any other rule to the contrary, the department shall not approve disconnection of service to customers with a current medical emergency certification when the customer has made a good faith effort to make payments towards the utility bill.

(f) The department shall provide an opportunity for the customer to respond to the utility’s request to disconnect service under this section.

(g) The department’s decision on a utility’s request to disconnect under this rule shall be:

(1) Valid through November 15 of the year in which it was issued; and

(2) Issued in writing and sent to the utility and the customer.

(h) Upon the department's approval of the utility's request to disconnect service, the utility shall provide notice to the customer as required in En 1203.11 prior to disconnecting service.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1205.04 Expiration of Medical Emergency Certification {#sec-en-1205.04 omnilex-key=us-nh-regs-official--agency-en--En 1205.04}

(a) Thirty days prior to the expiration of the medical emergency certification, the utility shall send a reminder notice to the customer advising that, if a medical emergency still exists, the certification of a medical emergency must be renewed. The notice shall include the date by which the certification must be renewed.

(b) Upon the expiration of a medical emergency certification, the utility shall notify the customer that the medical emergency certification has expired and the customer’s account will no longer be medically protected. Such notice shall also indicate the balance due, if any.

(c) Following the expiration of a medical emergency certification on an account where the utility has submitted a request for permission to disconnect service, the utility shall not undertake any disconnection activity until such time as the request has been withdrawn from the department.

(d) Notice provided in (b) above shall include a statement directing the customer to contact the utility immediately if the previously certified medical condition continues to exist.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1205.05 Disconnection of Service to Customers with Expired Medical Emergency Certifications {#sec-en-1205.05 omnilex-key=us-nh-regs-official--agency-en--En 1205.05}

(a) The utility shall be required to follow the steps set forth in En 1205.05 (b) through (i) one time within the 9-month period following the expiration of the medical emergency certification.

(b) The issuance of any notice of disconnection shall be done in accordance with En 1203.11(g) and content of the notice shall comply with the provisions of En 1203.11(b).

(c) The notice of disconnection shall provide contact information for both the utility and the department’s consumer division.

(d) No less than 2 calendar days but no more than 8 calendar days prior to the date of the proposed disconnection of service, personal contact shall be made with the customer or an adult residing at the premises. The contact may be made by telephone or in person.

(e) If no personal contact is made as described in (d) above, no disconnection shall occur unless the utility complies with (f) and (i) below.

(f) The utility may proceed with a field visit on or after the disconnection date stated in the disconnection notice as follows:

(1) If an adult resident of the premises is not at home, the utility shall leave a notice in a conspicuous location at the premises and shall leave the premises without disconnecting the service; or

(2) If an adult resident of the premises is at home, the utility shall ask if the medical emergency still exists and inform the adult resident of the process for providing a certification of medical emergency as described in En 1205.02 (b) and (d). If no medical emergency exists, the utility may proceed with the service disconnection in accordance with En 1203.11.

(g) The notice required in (f)(1) above shall advise the customer;

(1) The medical emergency certification on the customer’s account has expired;

(2) There is an unpaid past due balance on the account;

(3) The utility was at the premises that day to disconnect the utility service;

(4) To contact the utility to make arrangement for payment; and

(5) The utility will return the following week to disconnect service unless the customer contacts the utility.

(h) For the purposes of this section, the 8 business day limitation established in En 1203.11(m) shall begin upon the provision of notice pursuant to (f)(1) above.

(i) Prior to disconnecting the service of a customer with whom no personal contact was made, a supervisor at the utility shall review the account.

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

N.H. Code Admin. R. Ann. En 1205.06 Reporting Requirements {#sec-en-1205.06 omnilex-key=us-nh-regs-official--agency-en--En 1205.06}

(a) Each utility shall provide an annual report to the department containing:

(1) The total number of customers with medical emergency certifications on June 30;

(2) The total amount due and the total amount past due as of June 30 for those customers with medical emergency certifications;

(3) The monthly average number of customers with medical emergency certifications for the period July 1 through June 30;

(4) The monthly average balance due and past due for the period July 1 through June 30;

(5) The percent of medical emergency customers with past due balances as of June 30;

(6) The number of accounts with current medical emergency certifications that were disconnected during the period July 1 through June 30 and the past due balances associated with those accounts;

(7) The number of accounts with expired medical emergency certifications that were disconnected in accordance with En 1205.04 during the period July 1 through June 30 and the past due balances associated with those accounts; and

(8) The number of customers with current medical emergency certifications who were disconnected in error along with an explanation of why the account was erroneously disconnected.

(b) The report required in (a) above shall be submitted to the department no later than August 15 of each year.

APPENDIX

RULE NUMBER

STATUTE IMPLEMENTED

En 1201 – En 1202

RSA 12-P:5, IV; RSA 363-B

En 1203.01 – En 1203.04

RSA 12-P:5, IV

En 1203.05 – En 1203.07

RSA 12-P:5, IV; RSA 363-B

En 1203 08 – En 1203.09

RSA 12-P:5, IV; RSA 365:1 & 2

En 1203.10 – En 1204.06

RSA 12-P:5, IV; RSA 363-B:1 & 2

En 1205

RSA 12-P:5, IV; RSA 363-B

History

#13986, eff 5-30-24 (see Revision Note at chapter heading for En 1200)

Chapter En 1300 Utility Pole Attachments

Part En 1301 Purpose, Applicability, and Scope

N.H. Code Admin. R. Ann. En 1301.01 Purpose {#sec-en-1301.01 omnilex-key=us-nh-regs-official--agency-en--En 1301.01}

The purpose of En 1300, pursuant to the mandate of RSA 374:34-a, is to ensure that that terms, and conditions for pole attachments are nondiscriminatory, just, and reasonable. Rules regarding the resolution of disputes and the setting of rates for pole attachments under specific circumstances are set forth in chapter Puc 1300 adopted by the public utilities commission.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1301.02 Applicability {#sec-en-1301.02 omnilex-key=us-nh-regs-official--agency-en--En 1301.02}

(a) En 1300 shall apply to:

(1) 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;

(2) 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

(3) Attaching entities with facilities attached to such poles, or seeking to attach facilities to such poles.

(b) 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.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

Part En 1302 Definitions

N.H. Code Admin. R. Ann. En 1302.01 Attaching entity {#sec-en-1302.01 omnilex-key=us-nh-regs-official--agency-en--En 1302.01}

“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

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.02 Boxing {#sec-en-1302.02 omnilex-key=us-nh-regs-official--agency-en--En 1302.02}

“Boxing” means the placement of lines or cables on both the road side and the field side of a pole.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.03 Commission {#sec-en-1302.03 omnilex-key=us-nh-regs-official--agency-en--En 1302.03}

“Commission” means the New Hampshire public utilities commission.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.04 Communications space {#sec-en-1302.04 omnilex-key=us-nh-regs-official--agency-en--En 1302.04}

“Communications space” means the lower usable space on a pole, which typically is reserved for low-voltage communications equipment.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.05 Complex make-ready {#sec-en-1302.05 omnilex-key=us-nh-regs-official--agency-en--En 1302.05}

“Complex make-ready” means transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communications attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers, are considered complex.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.06 Excepted local exchange carrier {#sec-en-1302.06 omnilex-key=us-nh-regs-official--agency-en--En 1302.06}

“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

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.07 Extension arm(s) {#sec-en-1302.07 omnilex-key=us-nh-regs-official--agency-en--En 1302.07}

“Extension arm(s)” means a bracket attached to a pole to provide support for cables or wires at a distance from the pole.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.08 Facility {#sec-en-1302.08 omnilex-key=us-nh-regs-official--agency-en--En 1302.08}

“Facility” means the lines, cables, wireless antennas, and any accompanying appurtenances attached to a pole for the transmission of electricity, information, telecommunications, or video programming for the public or for public safety purposes.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.09 Federal Communications Commission (FCC) {#sec-en-1302.09 omnilex-key=us-nh-regs-official--agency-en--En 1302.09}

“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

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.10 Make-ready work {#sec-en-1302.10 omnilex-key=us-nh-regs-official--agency-en--En 1302.10}

“Make-ready work” means all work, including, but not limited to, rearrangement or transfer of existing facilities, replacement of a pole, complete removal of any pole replaced, or any other changes required to accommodate the attachment of the facilities of the party requesting attachment to the pole.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.11 New attaching entity {#sec-en-1302.11 omnilex-key=us-nh-regs-official--agency-en--En 1302.11}

“New attaching entity” means an attaching entity requesting to attach new or upgraded facilities to a pole owned or controlled by a utility.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.12 Overlash {#sec-en-1302.12 omnilex-key=us-nh-regs-official--agency-en--En 1302.12}

“Overlash” means the tying or lashing of an attaching entity’s additional fiber optic cables, or similar incidental equipment such as fiber-splice closures, to the attaching entity’s own existing communications wires, cable, or supporting strand already attached to poles.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.13 Pole {#sec-en-1302.13 omnilex-key=us-nh-regs-official--agency-en--En 1302.13}

“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

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.14 Simple make-ready {#sec-en-1302.14 omnilex-key=us-nh-regs-official--agency-en--En 1302.14}

“Simple make-ready” means make-ready work where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage, and which does not require splicing of any existing communications attachment or relocation of any existing wireless attachment.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.15 Usable space {#sec-en-1302.15 omnilex-key=us-nh-regs-official--agency-en--En 1302.15}

“Usable space” means the space on a pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the pole owner or owners, and, with respect to any conduit, the term means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable and associated equipment for telecommunications or cable services, and which includes capacity occupied by the pole owner or owners.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1302.16 Utility {#sec-en-1302.16 omnilex-key=us-nh-regs-official--agency-en--En 1302.16}

“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

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

Part En 1303 Access to Poles

N.H. Code Admin. R. Ann. En 1303.01 Access Standard {#sec-en-1303.01 omnilex-key=us-nh-regs-official--agency-en--En 1303.01}

(a) Except as otherwise provided in (b) and (c) below, the owner or owners of a pole shall provide attaching entities access to such pole on terms that are consistent with the standards set forth in RSA 374:34-a. Such access shall include wireless facility attachments, including those above the communications space on the pole.

(b) Notwithstanding the obligation set forth in (a) above, the owner or owners of a pole shall deny a request for attachment to such pole:

(1) If there is insufficient capacity on the pole;

(2) For reasons of safety, reliability, or generally applicable engineering purposes; or

(3) If the pole owner(s) does not possess the authority to allow the proposed attachment.

(c) The owner or owners of the pole shall not deny a requested attachment under subsection (b)(1) or (b)(2) above if other make-ready work or another alternative is identified that would accommodate the additional attachment.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.02 Owner Obligation to Negotiate {#sec-en-1303.02 omnilex-key=us-nh-regs-official--agency-en--En 1303.02}

The owner or owners of a pole shall, upon the request of a person entitled to access under these rules seeking a pole attachment, negotiate in good faith with respect to the terms and conditions for such attachment.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.03 Requestor Obligation to Negotiate {#sec-en-1303.03 omnilex-key=us-nh-regs-official--agency-en--En 1303.03}

A person entitled to access under these rules seeking a pole attachment shall contact the owner or owners of the pole and negotiate in good faith and execute an agreement for such attachment. A prospective attaching entity may submit a request for access to a utility’s poles pursuant to En 1303.04 prior to negotiating and executing a pole attachment agreement with the pole owner or owners.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.04 Request for Access and Response Requirements {#sec-en-1303.04 omnilex-key=us-nh-regs-official--agency-en--En 1303.04}

(a) Requests for access to a utility’s poles, whether made before or after negotiation and execution of a pole attachment agreement, shall be in writing and include information necessary under the pole owner’s procedures to schedule a survey of the poles.

(b) Absent circumstances beyond the pole owner’s control, such as force majeure, a survey of poles shall be completed and the results communicated to the applicant seeking to attach within 45 days, or within 60 days, in the case of larger orders as described in En 1303.12(e), of receiving a completed application and survey fee.

(c) Pole owners shall grant or deny access in writing within the number of days allowed for completion of the survey, as specified in (b) above. The pole owner’s denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information represent grounds for denial as specified in En 1303.01.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.05 Authorization Required {#sec-en-1303.05 omnilex-key=us-nh-regs-official--agency-en--En 1303.05}

No person shall attach facilities to a pole without a license or similar authorization in writing from the pole owner or owners prior to attaching such facilities. No person shall perform any make ready-work in connection with any request for access to a pole without having executed an agreement for such attachment, in accordance with En 1303.03.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.06 Notification {#sec-en-1303.06 omnilex-key=us-nh-regs-official--agency-en--En 1303.06}

(a) The owner or owners of a pole shall provide written notice to an attaching entity not less than 60 days prior to:

(1) Removing any of that person’s facilities;

(2) Increasing any annual or recurring fees or rates applicable to the pole attachment; or

(3) Modifying the facilities other than as part of routine maintenance or in response to an emergency.

(b) Except as otherwise provided in En 1303.04 and En 1303.12 with respect to access and make-ready work, attaching entities shall provide written notice to the owner or owners of a pole not less than 60 days prior to:

(1) Modifying an existing attachment other than as part of routine maintenance, in response to an emergency, or to install a customer drop line;

(2) Increasing the load or weight on a pole by adding to an existing attachment, other than:

a. As part of routine maintenance;

b. In response to an emergency;

c. To install an overlash; or

d. To install a customer drop line; or

(3) Changing the purpose for which an existing attachment is used.

(c) An existing attaching entity shall provide written notice to the pole owner or owners of its intent to overlash a minimum of 5 days prior to installing an overlash. An existing attaching entity shall provide written notice of an overlash to the pole owner or owners within 10 days after installing the overlash.

(d) Separate and additional attachments shall be subject to pole attachment application and licensing processes.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.07 Installation and Maintenance {#sec-en-1303.07 omnilex-key=us-nh-regs-official--agency-en--En 1303.07}

(a) All attachments shall be installed in accordance with the National Electrical Safety Code, 2017 edition, available as specified in Appendix B, the National Electrical Code as adopted in RSA 155-A:1, IV, and the SR-1421 Blue Book – Manual of Construction Procedures, Issue 6, Telcordia Technologies, Inc., an Ericsson company (2017), available as specified in Appendix B, and in accordance with such other applicable standards and requirements specified in the pole attachment agreement.

(b) The attaching entity shall install and maintain its attachments so as to prevent interference with service furnished by the pole owner or owners and any other attaching entity.

(c) If a pole or existing attachment is not in compliance with applicable standards and codes and is required to be brought into compliance before a new attachment can be added, the cost of bringing that pole or existing attachment into compliance shall not be assessed to or imposed on the entity seeking to add a new attachment.

(d) Neither the cost to remove a duplicate pole that was not removed when a pole was replaced earlier, nor the cost to complete other work started before the make-ready work, shall be assessed to or imposed on the entity seeking to add a new attachment.

(e) An overlash shall not be deemed an attachment and an attaching entity shall have the right to install an overlash subject to the notification provisions of En 1303.06(c).

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.08 Labeling of Attachments {#sec-en-1303.08 omnilex-key=us-nh-regs-official--agency-en--En 1303.08}

The attaching entity shall clearly label its attachments with the attaching entity’s identification.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.09 Location of Attachments {#sec-en-1303.09 omnilex-key=us-nh-regs-official--agency-en--En 1303.09}

(a) No attaching entity shall be denied attachment solely because a wireless facility is to be located above the communications space on a pole.

(b) No attaching entity shall be denied attachment solely because the only space available for attachment on a pole is below the lowest attached facility.

(c) If the owner of the lowest facility chooses to relocate its existing facilities to a lower allowable point of attachment so that a new attachment shall be located above that owner’s existing facilities, that owner shall bear 60 percent of the cost of relocation and the new attaching entity shall bear the remaining 40 percent of the cost of relocation, except if and to the extent that En 1303.07(c) is applicable.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.10 Boxing of Poles {#sec-en-1303.10 omnilex-key=us-nh-regs-official--agency-en--En 1303.10}

(a) A pole owner may restrict the practice of boxing poles, consistent with the restrictions it places on its own practice of boxing poles as defined in the company’s written methods and procedures or as actually implemented by the company in the normal course of its business. Such boxing shall be safely accessible by bucket trucks, ladders, or emergency equipment and otherwise consistent with the requirements of applicable codes, including the National Electrical Safety Code, available as specified in Appendix B.

(b) Boxing shall be permitted only with express, written authorization by the pole owner. Pole owners shall grant or deny permission to use boxing, in writing, within the time period specified in En 1303.04(b), or within 30 days of receiving a request not made in connection with an application for attachment.

(c) At the request of the attaching entity, an owner’s denial of the use of boxing shall be specific, shall include all relevant information supporting its denial, and shall explain how such information supports denial.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.11 Use of Extension Arms {#sec-en-1303.11 omnilex-key=us-nh-regs-official--agency-en--En 1303.11}

(a) A pole owner shall allow limited, reasonable use of extension arms by attaching entities for purposes of clearing obstacles or improving alignment of attachment facilities, consistent with the restrictions it places on its own practice of using extension arms as defined in the company’s written methods and procedures or as actually implemented by the company in the normal course of its business.

(b) Under no circumstances shall extension arms be used to avoid tree trimming requirements. Any use of extension arms shall be consistent with the requirements of applicable codes, including the National Electrical Safety Code, available as specified in Appendix B.

(c) Extension arms shall be permitted only with express, written authorization by the pole owner. Pole owners shall grant or deny permission to use extension arms, in writing, within the time period specified in En 1303.04(b), or within 30 days of receiving a request not made in connection with an application for attachment.

(d) At the request of the attaching entity, an owner’s denial of use of extension arms shall be specific, shall include all relevant information supporting its denial, and shall explain how such information supports denial.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.12 Make-Ready Work Timelines {#sec-en-1303.12 omnilex-key=us-nh-regs-official--agency-en--En 1303.12}

(a) If a request for access is granted, the pole owner shall present to the prospective attaching entity an estimate of charges to perform all necessary make-ready work within 14 days of completing the survey required by En 1303.04, or in the case where a prospective attaching entity's contractor has performed a survey, within 14 days of receipt by the pole owner of such survey.

(b) Upon presentation of the estimate of charges to perform make-ready work:

(1) A pole owner shall not withdraw an outstanding estimate until 14 days after the estimate is presented; and

(2) An attaching entity may accept an outstanding estimate and make payment any time after receipt of an estimate but before the estimate has been withdrawn.

(c) Upon receipt of payment specified in (b)(2) above, a pole owner shall notify immediately and in writing all known entities with existing attachments that might be affected by the make-ready work, as follows:

(1) For attachments in the communications space, the notice shall:

a. Specify where and what make-ready work shall be performed;

b. Specify the order in which existing attaching entities shall perform their make-ready work;

c. Set a date for completion of make-ready work that is no later than 60 days after notification is sent, or 105 days in the case of larger orders, as described in En 1303.12(e) below, subject to extension by 30 days as specified in d. below;

d. For an application involving more than 100 poles where 30% or more of the affected poles are required to be replaced, the pole owner may extend the completion date by an additional 30 days;

e. State that any entity with an existing attachment shall only modify the attachment consistent with the specified make-ready work before the date set for completion;

f. State that the pole owner may assert its right to 15 additional days to complete any outstanding make-ready work, provided that the delay in completion of that make-ready work was caused by the actions or inactions of a third party attaching entity who had received timely notice that its make-ready work could be performed;

g. State that if make-ready work is not completed by the completion date set by the pole owner, or if the pole owner has asserted its 15-day right of control, 15 days later, the attaching entity requesting access may complete the specified make-ready work; and

h. State the name, telephone number, and e-mail address of a person to contact for more information about the make-ready work procedure; and

(2) For wireless attachments above the communications space, the notice shall:

a. Specify where and what make-ready work shall be performed;

b. Set a date for completion of make-ready work that is no later than 90 days after notification is sent, or 135 days in the case of larger orders, as described in En 1303.12(e) below;

c. State that any entity with an existing attachment shall only modify the attachment consistent with the specified make-ready work before the date set for completion;

d. State that the pole owner may assert its right to 15 additional days to complete any outstanding make-ready work, provided that the delay in completion of that make-ready work was caused by the actions or inactions of a third party attaching entity who had received timely notice that its make-ready work could be performed; and

e. State the name, telephone number, and e-mail address of a person to contact for more information about the make-ready work procedure.

(d) For attachments in the communications space, a pole owner shall ensure that make-ready work shall be completed by the date set by the pole owner in (c)(1)c above, or if the pole owner has asserted its 15-day right of control, 15 days later. For wireless attachments above the communications space, a pole owner shall ensure that make-ready work is completed by the date set by the pole owner in (c)(2)b above, or if the pole owner has asserted its 15-day right of control, 15 days later.

(e) For the purposes of compliance with the time periods in this section:

(1) A pole owner shall apply the timeline described in En 1303.04 and in (a) through (c) above to all requests for pole attachment up to the lesser of 300 poles or 0.5 percent of the pole owner's poles in a state;

(2) A pole owner may add 15 days to the survey period described in En 1303.04 to larger orders up to the lesser of 2,000 poles or 4 percent of the pole owner’s poles in the state;

(3) A pole owner may add 45 days to the make-ready work periods described in (c) above to larger orders up to the lesser of 2,000 poles or 4 percent of the pole owner’s poles in the state;

(4) A pole owner shall negotiate in good faith the timing of all requests for pole attachments larger than the lesser of 2,000 poles or 4 percent of the pole owner’s poles in a state; and

(5) A pole owner may treat multiple requests from a single attaching entity as one request when the requests are filed within 30 days of one another.

(f) A pole owner shall only deviate from the time limits specified in this section:

(1) Before offering an estimate of charges if the parties have not yet entered into an agreement pursuant to En 1303.03 specifying the rates, terms, and conditions of attachment; or

(2) During performance of make-ready work under circumstances that render it infeasible for the pole owner to complete the make-ready work within the prescribed time frame, provided that:

a. A pole owner that so deviates shall immediately notify, in writing, the attaching entity requesting attachment and other affected entities with existing attachments, stating the reason for and the date and duration of the deviation; and

b. The pole owner shall deviate from the time limits specified in this section for a period no longer than necessary and shall resume make-ready work performance without discrimination when it returns to routine operations.

(g) If a pole owner fails to respond as specified in En 1303.04, an attaching entity requesting attachment in the communications space may, as specified in (i) through (l) below, hire a contractor to complete a survey.

(h) If make-ready work is not completed by the pole owner or an existing attaching entity by the date specified in (c)(1)c above, an attaching entity requesting attachment in the communications space may, as specified in (i) through (l) below, hire a contractor to complete the outstanding make-ready work, and written notice of such contractor engagement shall be provided to the pole owner and each affected attaching entity, as of the time specified below:

(1) Immediately, if the pole owner has failed to assert its right to perform outstanding make-ready work by notifying the attaching entity requesting attachment that the pole owner shall do so; or

(2) After 15 days if the pole owner has asserted its right to complete outstanding make-ready work by the date specified in (c)(1)c above and has failed to complete all such make-ready work.

(i) A pole owner shall make available, and keep up-to-date, a list of not less than 3 contractors that such pole owner, and any joint pole owner, authorizes to perform surveys and make-ready work in the communications space on its poles in cases where the pole owner or an existing attaching entity has failed to meet the deadlines specified in En 1303.04 and in (a) through (h) above or pursuant to En 1303.13.

(j) If an attaching entity hires a contractor for purposes specified in (g) or (h) above or pursuant to En 1303.13, it shall choose from among the pole owners’ list of authorized contractors.

(k) An attaching entity that hires a contractor for purposes specified in (g) or (h) above or pursuant to En 1303.13 shall provide a pole owner with an opportunity for its representative to accompany and consult with the authorized contractor and the attaching entity.

(l) For purposes of survey, the electric utility pole owner’s representative shall make final determinations where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

N.H. Code Admin. R. Ann. En 1303.13 One-Touch Make-Ready Option {#sec-en-1303.13 omnilex-key=us-nh-regs-official--agency-en--En 1303.13}

(a) For attachments involving simple make-ready, new attaching entities may use the process described in this section in lieu of the attachment process described in En 1303.12(c)-(f).

(b) A new attaching entity electing the one-touch make-ready work process shall elect the one-touch make-ready work process in writing in its attachment application and shall identify the simple make-ready that it shall perform.

(c) The new attaching entity shall ensure that its contractor determines whether the make-ready work requested in an attachment application is simple make-ready.

(d) The pole owner shall review the new attaching entity’s attachment application for completeness before reviewing the application on its merits.

(e) An attachment application shall be considered complete if it provides the pole owner with the information necessary under its procedures, as specified in a master service agreement or in publicly-released requirements at the time of submission of the application, to make an informed decision on the application.

(f) With respect to any such application:

(1) A pole owner shall have 10 business days after receipt of a new attaching entity’s attachment application in which to determine whether the application is complete and notify the attaching entity of that decision;

(2) If the pole owner does not respond within 10 business days after receipt of an application submitted under (1) above, or if the pole owner rejects the application as incomplete but fails to specify any reasons in the application, then the application shall be deemed complete;

(3) If the pole owner timely notifies the new attaching entity that its attachment application is not complete, then the pole owner shall specify all reasons for finding it incomplete;

(4) The new attaching entity may resubmit an application to the pole owner, which resubmitted application need only address the pole owner’s specified reasons for finding the application incomplete and such resubmitted application shall be deemed complete within 5 business days after its resubmission, unless the pole owner specifies to the new attaching entity which reasons were not addressed and how the resubmitted application did not sufficiently address those reasons; and

(5) The applicant may follow the resubmission procedure described in (4) above as many times as it chooses, provided that, in each case, it makes a bona fide attempt to correct the reasons identified by the pole owner, and in each case the deadline set forth in (4) shall apply to the pole owner’s review.

(g) The pole owner shall review on the merits a complete application requesting one-touch make-ready and respond to the new attaching entity either granting or denying the application within 15 days of the pole owner’s receipt of a complete application, or within 30 days in the case of larger orders as described in (4) below.

(h) With respect to any such complete application:

(1) If the pole owner denies the application on its merits, then its decision shall be specific, shall include all relevant evidence and information supporting its decision, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards;

(2) Within the 15-day application review period, or within 30 days in the case of larger orders as described in (4) below, a pole owner may object to the designation by the new attaching entity’s contractor that certain make-ready work is simple make-ready, and in such a case, the make-ready work shall be deemed to be complex make-ready;

(3) The pole owner’s objection shall be final and determinative, provided that the objection shall be specific and in writing, includes all relevant evidence and information supporting the decision, is made in good faith, and explains how such evidence and information relate to a determination that the make-ready work is not simple make-ready; and

(4) For purposes of this subsection (h), “larger orders” shall mean those orders up to the lesser of 3,000 poles or 5 percent of the pole owner’s poles in the state.

(i) The new attaching entity shall be responsible for all surveys required as part of the one-touch make-ready process and shall use a contractor as specified in En 1303.12(i)-(k).

(j) The new attaching entity shall permit the pole owner and any existing attaching entities on the affected poles to be present for any field inspection conducted as part of the new attaching entity’s surveys.

(k) The new attaching entity shall use commercially reasonable efforts to provide the pole owner and affected existing attaching entities with prior notice of not less than 3 business days of a field inspection as part of any survey and shall provide the date, time, and location of the surveys and the name of the contractor performing the surveys.

(l) If the new attaching entity’s attachment application is approved and if it has provided 15 days prior written notice of the make-ready work to the affected pole owner and existing attaching entities, the new attaching entity shall proceed with make-ready work using a contractor in the manner as specified in En 1303.12(i)-(k).

(m) With respect to any such make-ready work:

(1) The prior written notice shall include the date and time of the make-ready work, a description of the work involved, the name of the contractor being used by the new attaching entity, and shall provide the affected pole owner and existing attaching entities an opportunity to be present for any make-ready work;

(2) The new attaching entity shall notify an affected pole owner or existing attaching entity immediately if make-ready work damages the equipment of the pole owner or existing attaching entity or causes an outage that is likely to interrupt the service of the pole owner or existing attaching entity, upon receipt of which notice the affected pole owner or existing attaching entity may either:

a. Complete any necessary remedial work and bill the new attaching entity for the reasonable costs related to fixing the damage; or

b. Require the new attaching entity to fix the damage at its expense immediately following notice from the affected pole owner or existing attaching entity; and

(3) In performing make-ready work, if the new attaching entity or the pole owner determines that make-ready work classified as simple is complex, then that specific make-ready work shall be halted and the determining party shall provide immediate notice to the other party of its determination and the affected poles, in which case the affected make-ready work shall then be governed by En 1303.12(a) through (f) and the pole owner shall provide the notice required by En 1303.12(c) as soon as practicable.

(n) A new attaching entity shall notify the affected pole owner and existing attaching entities within 15 days after completion of make-ready work on a particular pole, which notice shall provide the affected pole owner and existing attaching entities at least 90 days from receipt in which to inspect the make-ready work.

(o) The affected pole owner and existing attaching entities shall have 14 days after completion of their inspection to notify the new attaching entity of any damage or code violations caused by make-ready work conducted by the new attaching entity on their equipment.

(p) If the affected pole owner or an existing attaching entity notifies the new attaching entity of any such damage or code violations, then the pole owner or existing attaching entity shall provide detailed and specific documentation describing the damage or code violations.

(q) With respect to any such damage or code violations, the affected pole owner or existing attaching entity may either:

(1) Complete any necessary remedial work and bill the new attaching entity for the reasonable costs related to fixing the damage or code violations; or

(2) Require the new attaching entity to fix the damage or code violations at its expense within 14 days following notice from the affected pole owner or existing attaching entity.

APPENDIX A

Rule

Statute

En 1300

RSA 374:3; RSA 374:34-a

En 1301.01

RSA 374:3; RSA 374:34-a

En 1301.02(a)(1)

RSA 374:3; RSA 374:34-a

En 1301.02(a)(2)

RSA 362:7, I-III; RSA 374:34-a

En 1301.02(a)(3)

RSA 374:3; RSA 374:34-a

En 1301.02(b)

RSA 374:3; RSA 374:34-a

En 1302.01-1302.16

RSA 374:3; RSA 374:34-a

En 1303.01-1303.12

RSA 374:3; RSA 374:34-a

En 1303.13

RSA 374:3; RSA 374:34-a; 47 C.F.R. §1.1411(j)

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

Rule

Title (date)

Source

En 1303.07(a)

National Electrical Safety Code, 2017 Edition

IEEE Standards Association

501 Hoes Lane, 3rd Floor

Piscataway, NJ 08855

Available for $210.00 (printed) or $190.00 (PDF) at: IEEE SA - Standards Store | IEEE C2-2017 (techstreet.com)

En 1303.07(a)

SR-1421 “Blue Book – Manual of Construction Procedures, Issue 6,” Telcordia Technologies, Inc., an Ericsson company, 2017 Edition

Telcordia Technologies

Ericsson Inc.

1 Centennial Ave.

Piscataway, NJ 08854

Available for (Click at bottom of page to request price quote) at: http://telecom-info.telcordia.com/site-cgi/ido/docs.cgi?ID=SEARCH&DOCUMENT=SR-1421&

History

#13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)

Chapter En 1400 Rules for Pipeline Public Utilities

Part En 1401 Definitions

N.H. Code Admin. R. Ann. En 1401.01 Pipeline public utility, {#sec-en-1401.01 omnilex-key=us-nh-regs-official--agency-en--En 1401.01}

"Pipeline public utility," "pipeline utility" or "utility" means any "public utility" as defined in RSA 362:2.

History

#13714, eff 8-4-23

N.H. Code Admin. R. Ann. En 1401.02 Department {#sec-en-1401.02 omnilex-key=us-nh-regs-official--agency-en--En 1401.02}

"Department" shall mean the New Hampshire department of energy.

History

#13714, eff 8-4-23

Part En 1402 Reporting Requirements

N.H. Code Admin. R. Ann. En 1402.01 Reports to Department {#sec-en-1402.01 omnilex-key=us-nh-regs-official--agency-en--En 1402.01}

(a) If deemed necessary by the department 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 department, 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 department on such forms as the department shall specify as provided in En 1403.

PART 1403 FORMS TO BE FILED

History

#13714, eff 8-4-23

N.H. Code Admin. R. Ann. En 1403.01 F-22 Information Sheet {#sec-en-1403.01 omnilex-key=us-nh-regs-official--agency-en--En 1403.01}

(a) Each utility shall file Department form, “En Form F-22”:

(1) Annually; and

(2) Whenever any changes occur to the information included in a utility's current En Form F‑22 filing.

(b) Each utility shall include on En 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 Department form “En 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.

N.H. Code Admin. R. Ann. En 1403.02 Annual Reporting {#sec-en-1403.02 omnilex-key=us-nh-regs-official--agency-en--En 1403.02}

(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 department:

(1) Concurrently upon its filing 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 No. 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 A

En 1401

RSA 12-P:5, IV

En 1402

RSA 12-P:5, IV; 374:15

En 1403.01

RSA 12-P:5, IV; 374:15

En 1403.02

RSA 12-P:5, IV; 374:15

Appendix B

DOCUMENTS INCORPORATED BY REFERENCE

FEDERAL STANDARDS AND FORMS

Rule

Title

Publisher; How to Obtain; and Cost

En 1403.02(a)(1)

Form Number 2 – Major Natural

Gas Pipeline Annual Report

Available from the publisher, Federal Energy Regulatory Commission (FERC) at no cost at http://www.ferc.gov/docs-filing/forms.asp

En 1403.02(a)(1)

Form Number 2A – Non-Major

Natural Gas Pipeline Annual Report

Available from the publisher, Federal Energy Regulatory Commission (FERC) at no cost at http://www.ferc.gov/docs-filing/forms.asp

History

#13714, eff 8-4-23

Chapter En 1500 Licenses for Crossings of Public Waters or State Land

Part En 1501 Purpose and Applicability

N.H. Code Admin. R. Ann. En 1501.01 Purpose {#sec-en-1501.01 omnilex-key=us-nh-regs-official--agency-en--En 1501.01}

The purpose of En 1500 pursuant to the mandate of RSA 371:22 is to protect the public against any substantial impact to the public rights in public waters or state-owned lands as a result of the exercise of any license issued under RSA 371:17. Nothing in this part is to be construed to supersede, overrule, or replace any other law, rule, or regulation, including that of any state or federal permitting authority, including but not limited to the authority of the New Hampshire Department of Environmental Services (NHDES) regarding Statutory Permit Notification (SPN) and Shoreland Permit by Notification (PBN), and of the U.S. Army Corps of Engineers (ACOE) regarding navigable waters.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1501.02 Applicability {#sec-en-1501.02 omnilex-key=us-nh-regs-official--agency-en--En 1501.02}

En 1500 shall apply to:

(a) Public utilities within the meaning of RSA 362:2;

(b) Rural electric cooperatives for which a certificate of deregulation is on file pursuant to RSA 301:57;

(d) Every other corporation or other entity, and every individual desiring to cross any public water or land for any purpose set forth in RSA 371:17.

History

#13939, eff 4-26-24

Part En 1502 Definitions

N.H. Code Admin. R. Ann. En 1502.01 Abutter {#sec-en-1502.01 omnilex-key=us-nh-regs-official--agency-en--En 1502.01}

"Abutter" means a person who is the owner of land encumbered by any crossing of public waters, or the border of which adjoins any crossing of public waters.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.02 Application {#sec-en-1502.02 omnilex-key=us-nh-regs-official--agency-en--En 1502.02}

"Application" means an application for a license for the purposes set forth in RSA 371:17 as set forth herein, and includes further submissions made in response to requests by the department.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.03 Application for communication line crossing license {#sec-en-1502.03 omnilex-key=us-nh-regs-official--agency-en--En 1502.03}

"Application for communication line crossing license" means an application for a license for the purposes set forth in RSA 371:17 involving only a communication line crossing.

N.H. Code Admin. R. Ann. En 1502.04 Attaching entity {#sec-en-1502.04 omnilex-key=us-nh-regs-official--agency-en--En 1502.04}

"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

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.05 Commission {#sec-en-1502.05 omnilex-key=us-nh-regs-official--agency-en--En 1502.05}

"Commission" means the public utilities commission.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.06 Communication line {#sec-en-1502.06 omnilex-key=us-nh-regs-official--agency-en--En 1502.06}

"Communication line" means a utility line and any associated conductors and supporting or containing structures, equipment, and apparatus that is used for the purpose of public or private data signal or other communications service.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.07 Conduit {#sec-en-1502.07 omnilex-key=us-nh-regs-official--agency-en--En 1502.07}

"Conduit" means a duct or tube used to protect and route an electric supply or communication line.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.08 Construction {#sec-en-1502.08 omnilex-key=us-nh-regs-official--agency-en--En 1502.08}

"Construction" means the installation or modification of any pipeline, cable, or conduit, or a line of poles or towers or other structures, or any wires or fixtures thereon, but does not include temporary construction as specifically defined herein.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.09 Crossing {#sec-en-1502.09 omnilex-key=us-nh-regs-official--agency-en--En 1502.09}

"Crossing" means the area traversed over, under, or across any public water or any state-owned land by a pipeline, cable, conduit, or a line of poles, towers, or other structures and wires and fixtures, but does not include activities that otherwise would be subject to RSA 371:17 but for the fact that the location of such activities is subject to the jurisdiction of the New Hampshire department of Transportation (DOT) regarding accommodation of utilities within highway and railroad rights-of-way, as set forth in the DOT’s Utility Accommodation Manual, dated October, 2017.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.10 Crossing license {#sec-en-1502.10 omnilex-key=us-nh-regs-official--agency-en--En 1502.10}

"Crossing license" means a permission to cross public water or state-owned land for purposes set forth in RSA 371:17 by virtue of and in strict conformity with the terms and other conditions set forth in a decision by the department granting an application submitted hereunder or in a decision of the commission prior to July 1, 2021.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.11 Department {#sec-en-1502.11 omnilex-key=us-nh-regs-official--agency-en--En 1502.11}

"Department" means the department of energy as established by RSA 12-P:1.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.12 Division {#sec-en-1502.12 omnilex-key=us-nh-regs-official--agency-en--En 1502.12}

"Division" means the department of energy, division of enforcement as established by RSA 12-P:8.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.13 Electric supply lines {#sec-en-1502.13 omnilex-key=us-nh-regs-official--agency-en--En 1502.13}

"Electric supply lines" means wires, conductors, and cables used to transmit electric energy.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.14 Emergency {#sec-en-1502.14 omnilex-key=us-nh-regs-official--agency-en--En 1502.14}

"Emergency" means a situation requiring immediate action in order to comply with the duties of good practice regarding safety or reliability of service.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.15 Emergency construction or modification {#sec-en-1502.15 omnilex-key=us-nh-regs-official--agency-en--En 1502.15}

"Emergency construction or modification" means construction or modification of an existing crossing in conformity with the lawful duty of a utility, other license holder, or attaching entity to perform same on an emergency basis.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.16 Frac-out plans {#sec-en-1502.16 omnilex-key=us-nh-regs-official--agency-en--En 1502.16}

"Frac-out plans" means a plan setting forth measures to prevent and respond to mud or other releases into ground or surface water during directional bore operations.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.17 Limited maintenance {#sec-en-1502.17 omnilex-key=us-nh-regs-official--agency-en--En 1502.17}

"Limited maintenance" means necessary maintenance that does not involve construction or modification of any pipeline, cable, or conduit, or a line of poles, towers, or other structures, or any wires or fixtures thereon, and is completed without any alteration of the crossing profile in any way.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.18 Maintenance {#sec-en-1502.18 omnilex-key=us-nh-regs-official--agency-en--En 1502.18}

"Maintenance" means actions necessary to preserve the good condition of a pipeline, cable, or conduit, or a line of poles or towers or other structures, or any wires or fixtures thereon, or to return same to good condition.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.19 Modification {#sec-en-1502.19 omnilex-key=us-nh-regs-official--agency-en--En 1502.19}

"Modification" means any alteration of any pipeline, cable, or conduit, or a line of poles, towers, or other structures, or any wires or fixtures thereon that is not within the definitions of limited maintenance or temporary construction.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.20 Optical Ground Wire {#sec-en-1502.20 omnilex-key=us-nh-regs-official--agency-en--En 1502.20}

"Optical Ground Wire" (OPGW) means wire that combines the functions of grounding and communications.

N.H. Code Admin. R. Ann. En 1502.21 Overlash {#sec-en-1502.21 omnilex-key=us-nh-regs-official--agency-en--En 1502.21}

"Overlash" means the tying or lashing of an attaching entity’s additional fiber optic cables, or similar incidental equipment to the attaching entity’s own existing communications wires, cable, or supporting strand already attached to poles.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.22 Overlash communication line crossing {#sec-en-1502.22 omnilex-key=us-nh-regs-official--agency-en--En 1502.22}

"Overlash communication line crossing" means a crossing not involving the construction or modification of any utility line other than the construction or modification of a communication line by means of overlash on an existing, licensed crossing.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.23 Pipeline {#sec-en-1502.23 omnilex-key=us-nh-regs-official--agency-en--En 1502.23}

"Pipeline" means an apparatus for transmission of liquid or gas, including but not limited to natural gas or other petroleum products, water, or sewer.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.24 Public waters {#sec-en-1502.24 omnilex-key=us-nh-regs-official--agency-en--En 1502.24}

"Public waters" means all ponds of more than 10 acres, tidewater bodies, and such streams or portions thereof identified in the official list of public waters maintained pursuant to RSA 271:20 and Env-Wr 900.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.25 Shield wire crossing {#sec-en-1502.25 omnilex-key=us-nh-regs-official--agency-en--En 1502.25}

"Shield wire crossing" means a crossing involving the construction or modification of only OPGW or shield wire or both within an existing, licensed crossing, provided that the OPGW or shield wire or both are located above the conductors. This crossing definition shall include OPGW.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.26 Static shield wire {#sec-en-1502.26 omnilex-key=us-nh-regs-official--agency-en--En 1502.26}

"Static shield wire" means wire installed to protect electric transmission lines from lightning.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.27 Support structure {#sec-en-1502.27 omnilex-key=us-nh-regs-official--agency-en--En 1502.27}

"Support structure" means a pole, tower, or other structure to which a utility line is attached as part of a crossing.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.28 Temporary construction {#sec-en-1502.28 omnilex-key=us-nh-regs-official--agency-en--En 1502.28}

"Temporary construction" means construction that is required for road and bridge projects as lawfully directed by the state of New Hampshire, provided that when temporary construction is no longer required, any affected pipeline, cable, or conduit, or a line of poles or towers or other structures, or any wires or fixtures thereon are returned to its original configuration within a reasonable time within 30 days.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.29 Utility {#sec-en-1502.29 omnilex-key=us-nh-regs-official--agency-en--En 1502.29}

"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

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1502.30 Utility line {#sec-en-1502.30 omnilex-key=us-nh-regs-official--agency-en--En 1502.30}

"Utility line" means the pipeline, cable, communication line, or conduit, or a line of poles, towers, or other structures and wires and fixtures thereon, regardless of whether it is owned or utilized by a utility, other entity, or individual.

History

#13939, eff 4-26-24

Part En 1503 License Application

N.H. Code Admin. R. Ann. En 1503.01 When a License Application is Required {#sec-en-1503.01 omnilex-key=us-nh-regs-official--agency-en--En 1503.01}

Anyone identified in En 1501.02 desiring to cross any public water or land for purposes set forth in RSA 371:17 shall submit an application in advance directed to the department of energy director of enforcement division. The application need not be in any particular form, but shall contain the supporting information specified herein for the relevant type of crossing. Further submissions shall be made upon request by department staff in order to permit the department to consider the safety and reliability of the proposed crossing based on relevant department rules, federal rules, and the industry safety and reliability codes referenced herein.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1503.02 Exceptions to License Requirement {#sec-en-1503.02 omnilex-key=us-nh-regs-official--agency-en--En 1503.02}

(a) Notwithstanding En 1503.01, an application shall not be required with respect to limited maintenance or temporary construction provided that notification is given to the department within a reasonable time not to exceed 7 days after the inception of such activities and provided further notification also is given to the department within 7 days of completion.

(b) Notwithstanding En 1503.01, an application shall not be submitted in advance of emergency construction or modification provided that notice is given to the department within a reasonable time not to exceed 7 days after the inception of work and provided further that an application is filed within 90 days after completion.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1503.03 Contents of Application for Electric Supply or Communication Lines Crossing License {#sec-en-1503.03 omnilex-key=us-nh-regs-official--agency-en--En 1503.03}

An application shall include:

(a) Specification of the location of any public waters or any lands owned by this state that are the subject of the application;

(b) Specification by means of coordinates and geographic description of the location of any existing and any proposed utility lines that are the subject of the application;

(d) Identification including a detailed description of any existing utility line and any contemplated construction or modification of utility lines that are the subject of the application, including the precise locations of existing and intended support structures, all as specified within a stated reasonable tolerance, which shall not be exceeded, during construction;

(e) In the event construction or modification is contemplated as to any existing, unlicensed utility line, state after due diligence the history of such unlicensed line and the reasons why it was not licensed previously, as well as the bases for the division to issue a license as to such utility line in accordance with RSA 371:17;

(f) Specification of all relevant measurements, including but not limited to, relevant heights, depths, distances, spans, sags and sag capabilities, and clearances of relevant waters, land, and support structures necessary to permit the division to act upon the application;

(g) Wire specifications and loading condition information necessary to establish maximum sag for the crossing span that is the subject of the application, accompanied by visual depictions including, but not limited to, a profile view and cable schedule;

(h) Identification and depiction of the location of support structures and max sag conditions for all crossing spans;

(i) Identification and depiction of all conductors and wires as needed to show the minimum clearance at maximum sag conditions in reference to crossings of state-owned land or crossings of public waters, accompanied by flood elevation data based on FEMA flood map data for each crossing span used in calculating clearance;

(j) A statement confirming compliance with applicable national electrical and other relevant safety codes;

(k) A statement confirming compliance with any applicable New Hampshire department of environmental services (NHDES) wetland, shoreland, and other applicable statutory permitting requirements and notifications;

(l) A statement confirming compliance with any applicable U.S. Army Corps of Engineers (ACOE) regulations, including all applicable licensing, permitting or notification requirements;

(m) Specification of all relevant support structures, facilities, and equipment, including but not limited to, poles, conductors, wires, and appurtenances thereto necessary to permit the division to act upon the application;

(n) Specification of all other relevant geographic information, including without limitation, flood elevations and other flood data, flood maps, rights-of-way, easements, and other property rights, necessary to permit the division to act upon the application;

(o) Tables, maps, and prints, including without limitation an overview map, and all other relevant information and data necessary to permit the division to act upon the application;

(p) In the event a contemplated electric supply or communication line crossing would involve trenching or boring, provide:

(1) All relevant conduit information;

(2) All relevant trenching information including, without limitation, depths, widths, and distances; and

(3) All other relevant information that would be required in an application for pipeline crossing license pursuant to En 1503.02 for the purposes of (p), the term "conduit" shall be interchangeable with the terms "pipelines" and "casings," and the term "trenching" shall be interchangeable with the term "boring";

(q) A statement of why the license for which an application is submitted is necessary in order to meet the reasonable requirements of service to the public;

(r) A statement of why the license for which an application is submitted may be exercised without substantially affecting the public rights in public waters or state-owned land; and

(s) A list identifying all abutters as reflected by record ownership at the registry of deeds, which shall be filed with the division separate from, but contemporaneously with the submission of, the application and shall be sufficient to enable the division to effectuate notice by certified mail of a license issuance and of a right to appeal.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1503.04 Contents of Application for Pipeline Crossing License {#sec-en-1503.04 omnilex-key=us-nh-regs-official--agency-en--En 1503.04}

An application shall include:

(a) Specification of the location of any public waters or any lands owned by this state, or both that are the subject of the application;

(b) Specification by means of coordinates and geographic description of the location of any existing and any proposed pipelines that are the subject of the application;

(d) Identification, including a detailed description, of any existing and any proposed pipelines and casings involved in the crossing, including types and diameters, intended pipe bend radii and stress capabilities along with allowable stress levels, as well as the maximum allowable and intended operating PSIG;

(e) Tables, maps, and prints, including without limitation an overview map and depictions of the profile of the pipeline, and an aerial view showing the entry and exit points of the directional bore and all other relevant information and data necessary to permit the division to act upon the application;

(f) Identification including a detailed description of any existing, unlicensed pipeline, whether or not construction or modification of such is contemplated, that is within the relevant public water or land of this state that is the subject of the application and that would require a license were it to be constructed at the time of the application, stating after due diligence the history of any such unlicensed pipeline and the reasons why it was not licensed previously, as well as the bases for the division to issue a license as to such pipeline in accordance with RSA 371:17;

(g) Specification of all relevant land and water measurements, including but not limited to, the precise locations of the boring entry and exit points specified within a reasonable tolerance, which shall not be exceeded, relevant angles and distances, depths of boring, and the minimum depths to be maintained below ground level or the bed of the public water sufficient to permit the division to act upon the application;

(h) Identification and description of the trenchless boring or trenching methods to be utilized sufficient to enable the division to determine that there shall be no surface water impacts;

(i) Specification of all depths, widths, and distances of any trenchless boring or trenching;

(j) A statement confirming that notice shall be given to the division at least 7 days before trenchless boring or trenching commences and again the day before boring or trenching actually commences;

(k) A statement confirming the use of qualified contractors pursuant to the Natural Gas Pipeline Safety Act, 49 U.S.C. § 60101, et seq. and all regulations promulgated thereunder, as well as compliance with N.H. Code Admin. Rules Puc 506.01, Pipeline Safety Standards;

(l) A statement confirming the use of aboveground pipeline markers to identify the pipeline location with appropriate warnings and company contact information on each side of the crossing;

(m) A statement confirming that any gas mains shall be locatable for future excavations, and the type of tracer wire or other suitable equivalent means of tracing to be utilized;

(n) Frac-out plans, the submission of which may be delayed until no later than 30 days before commencement of construction, shall include:

(1) A statement confirming the utilization of continuous monitoring for possible hydro fracture situations during the boring operation and specification of methods to be utilized;

(2) A statement confirming the utilization of immediate containment measures in the event of a hydro fracture, specification of the methods to be utilized for such containment, and confirmation that the division and NHDES shall be notified immediately in such a hydro fracture event;

(3) A statement confirming the clean-up procedures to be implemented in the event of a hydro fracture occurrence and that the necessary equipment and personnel shall be on site prior to and throughout the boring operation; and

(4) Description of measures taken in advance of any hydro fracture, including without limitation, staffing and equipment on site to prevent or respond to a frac-out event;

(o) A statement confirming compliance with applicable national gas and other relevant safety codes;

(p) A statement confirming compliance with any applicable New Hampshire department of environmental services NHDES wetland, shoreland, and other applicable statutory permitting requirements and notifications;

(q) A statement confirming compliance with any applicable U.S. Army Corps of Engineers (ACOE) regulations, including all applicable licensing, permitting or notification requirements;

(r) Identification of all precautions to be followed to ensure safety to the public during and after the contemplated construction or modification of utility lines;

(s) A statement confirming ownership and responsibility for ongoing maintenance of the pipeline upon completion;

(t) A description of any plan as to which the license for which an application is submitted is a part, and include a detailed statement of why the construction is necessary to fulfill a need for the public, the utility, its ratepayers, or otherwise is required by law, or otherwise is necessary to meet the reasonable requirements of service to the public;

(u) A discussion of any viable short or long-term alternatives to the proposed construction;

(v) A statement of why the license for which an application is submitted may be exercised without substantially affecting the public rights in public waters or state-owned lands;

(w) A description of any existing pipeline and any contemplated construction or modification of pipelines that are the subject of the application, sufficient to enable the division to analyze whether the contemplated construction or modification would be necessary in order to meet the reasonable requirements of service to the public;

(x) A description of any existing pipeline and any contemplated construction or modification of pipelines that are the subject of the application, sufficient to enable the division to analyze whether any substantial impact to the public rights in public waters or state-owned lands would result from the contemplated construction or modification; and

(y) A list identifying all abutters, which shall be filed with the division separate from, but contemporaneously with the submission of, the application and shall be sufficient to enable the division to effectuate notice by certified mail of a license issuance and of a right to appeal.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1503.05 Contents of Application for Overlash Communication Line Crossing License {#sec-en-1503.05 omnilex-key=us-nh-regs-official--agency-en--En 1503.05}

An application for an overlash communication line crossing license need not include all items specified in En 1503.03, but shall include the following:

(a) Identification of any previous order granting a license for any existing utility line that is the subject of the application;

(b) Specification of the location of any public waters or any state-owned lands that are the subject of the application;

(c) Specification of the location of any existing support structures and any proposed communication lines that are the subject of the application;

(d) Identification, including a detailed description, of any proposed communication lines and supporting appurtenances that are the subject of the application;

(e) A description of any existing communication lines and any contemplated attachment by means of overlash that is the subject of the application;

(h) Identification and depiction of the location of support structures and max sag conditions for all crossing spans;

(j) A statement confirming compliance with all applicable national electrical, gas, or other relevant safety codes, as well as all environmental, safety, and other standards and reviews under federal and state law;

(k) Identification of all precautions to be followed to ensure safety to the public during and after the contemplated attachment or modification of communication lines;

(l) A statement confirming compliance with other applicable state and federal laws and regulations including, without limitation, Puc 1303, access to poles, and Puc 1304, dispute resolution;

(m) A detailed statement of why the license for which an application is submitted is necessary in order to meet the reasonable requirements of service to the public;

(n) A detailed statement of why the license for which an application is submitted may be exercised without substantially affecting the public rights in public waters or state-owned lands; and

(o) A list identifying all abutters, which shall be filed with the division separate from, but contemporaneously with the submission of, the application and shall be sufficient to enable the division to effectuate notice by certified mail of a license issuance and of a right to appeal.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1503.06 Contents of Application for OPGW or Static Shield Wire Crossing License {#sec-en-1503.06 omnilex-key=us-nh-regs-official--agency-en--En 1503.06}

An application for OPGW or static shield wire crossing license need not include all items specified in En 1503.03, but shall include the following:

(a) Identification of any previous order granting a license for any existing utility line that is the subject of the application;

(b) Specification of the location of any public waters or any state-owned lands that are the subject of the application;

(c) Specification of the location of any existing support structures and any proposed communication lines that are the subject of the application;

(d) Identification, including a detailed description, of any proposed communication lines supporting appurtenances that are the subject of the application;

(e) A statement confirming compliance with all applicable national electrical and other relevant safety codes, as well as all environmental, safety, and other standards and reviews under federal law;

(f) Identification of all precautions to be followed to ensure safety to the public during and after the contemplated attachment or modification of communication lines;

(g) A detailed statement of why the license for which an application is submitted is necessary in order to meet the reasonable requirements of service to the public;

(h) A detailed statement of why the license for which an application is submitted may be exercised without substantially affecting the public rights in public waters or state-owned lands; and

(i) A list identifying all abutters, which shall be filed with the division separate from, but contemporaneously with the submission of, the application and shall be sufficient to enable the division to effectuate notice by certified mail of a license issuance and of a right to appeal.

History

#13939, eff 4-26-24

Part En 1504 Action Upon Application for Crossing

N.H. Code Admin. R. Ann. En 1504.01 Action Upon Filing of Application for Crossing License {#sec-en-1504.01 omnilex-key=us-nh-regs-official--agency-en--En 1504.01}

(a) The department shall assign a number to each application and upon review shall communicate with the applicant regarding any perceived omissions or other defects, as well as regarding any questions and any perceived grounds for denial.

(b) The department shall condition any license issued under this paragraph in any manner necessary to assure that the license is likely to be exercised safely so as to avoid substantially affecting the public rights in public waters or state-owned lands.

(c) Using a non-adjudicative process, the department of energy shall reject incomplete or improperly filed applications unless an application is cured upon request by the department, and shall, also using a non-adjudicative process, issue or deny the license within 90 days of receiving a complete application and all information subsequently requested of an applicant.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1504.02 Action Upon Request for Decision Within 30 Days {#sec-en-1504.02 omnilex-key=us-nh-regs-official--agency-en--En 1504.02}

Notwithstanding the foregoing, the department shall issue or deny a license within 30 days of receipt of a written request therefor from an applicant made 90 or more days after the filing of an application. The department’s non-receipt of information requested of an applicant shall be a consideration in any decision made pursuant to such a request for a decision within 30 days.

Part En 1505 Notice of Decision and of Right to Appeal

N.H. Code Admin. R. Ann. En 1505.01 Notice of License Issuance and Right to Appeal by Persons Directly Affected {#sec-en-1505.01 omnilex-key=us-nh-regs-official--agency-en--En 1505.01}

The division shall give notice of the issuance of a license:

(a) Directly to the applicant;

(b) By publication on its website,

(d) By regular or certified mail to abutters or their representatives as identified by the applicant, notifying them of the rights of appeal in RSA 371:20.

History

#13939, eff 4-26-24

N.H. Code Admin. R. Ann. En 1505.02 Notice of Denial of License {#sec-en-1505.02 omnilex-key=us-nh-regs-official--agency-en--En 1505.02}

The division shall give notice of a license denial directly to the applicant, notifying it of the rights of appeal in RSA 371:20.

APPENDIX A

Rule

Specific State Statute the Rule Implements

En 1501.01 – En 1501.03

RSA 12-P:5, RSA 362:2, RSA 371:17, 22

En 1502.01 – En 1501.30

RSA 12-P:5, RSA 12-P:8, RSA 271:20, RSA 362:2, RSA 371:17

En 1503.01 – En 1503.06

RSA 12-P:5, RSA 371:17

En 1504.01 – En 1504.02

RSA 12-P:5

En 1505.01 – En 1505.02

RSA 12-P:5, RSA 371:20

APPENDIX B

DOCUMENTS INCORPORATED BY REFERENCE

FEDERAL STANDARDS AND FORMS

Rule

Title

Publisher: How to Obtain; and Cost

En 1502.09

Utility Accommodation Manual

The New Hampshire Department of Transportation ("DOT"), available from DOT

History

#13939, eff 4-26-24

Chapter En 1800 Administration of New Hampshire Energy Conservation Code

Part En 1801 Applicability

N.H. Code Admin. R. Ann. En 1801.01 Purpose {#sec-en-1801.01 omnilex-key=us-nh-regs-official--agency-en--En 1801.01}

En 1800 governs the procedures for submission to the department and the department’s review of the residential energy code compliance form for projects in municipalities that do not have an adopted code enforcement mechanism in accordance with RSA 155-A:10-a.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1801.02 Scope {#sec-en-1801.02 omnilex-key=us-nh-regs-official--agency-en--En 1801.02}

En 1800 shall apply to all new residential buildings and additions or alterations to existing residential buildings pursuant to RSA 155-A.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

Part En 1802 Definitions

N.H. Code Admin. R. Ann. En 1802.01 Applicant {#sec-en-1802.01 omnilex-key=us-nh-regs-official--agency-en--En 1802.01}

“Applicant” means the owner, or owner’s agent submitting an application to the department for verification of design compliance with the energy code.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1802.02 Application {#sec-en-1802.02 omnilex-key=us-nh-regs-official--agency-en--En 1802.02}

“Application” means the “New Hampshire Residential Energy Code Application” effective July 3, 2024 pursuant to RSA 155-A:10‑a found at https://mm.nh.gov/files/uploads/fmo/remote-docs/nh-energy-codes-form-iecc-2018.pdf

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1802.03 State building code review board {#sec-en-1802.03 omnilex-key=us-nh-regs-official--agency-en--En 1802.03}

“State building code review board” (BCRB) means the state building code review board pursuant to RSA 155-A.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1802.04 Department {#sec-en-1802.04 omnilex-key=us-nh-regs-official--agency-en--En 1802.04}

“Department” means the New Hampshire department of energy.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1802.05 Energy code {#sec-en-1802.05 omnilex-key=us-nh-regs-official--agency-en--En 1802.05}

“Energy code” means the “New Hampshire building code” or “state building code” as defined by RSA 155-A:1, IV.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1802.06 Residential building, {#sec-en-1802.06 omnilex-key=us-nh-regs-official--agency-en--En 1802.06}

“Residential building,” as referenced in RSA 155-A New Hampshire building code, means:

(a) Any detached one- or 2-family dwelling;

(b) Any other dwelling as defined and prescribed by the New Hampshire building code.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

Part En 1803 Application Requirements

N.H. Code Admin. R. Ann. En 1803.01 Submission of Applications {#sec-en-1803.01 omnilex-key=us-nh-regs-official--agency-en--En 1803.01}

(a) Each applicant shall complete and submit an application.

(b) Each applicant shall include with each application for review of a residential building for compliance with the energy code, the following:

(1) A completed, signed electronic copy of the application available on the BCRB website; and

(2) 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 New Hampshire Building Code.”

(d) For purposes of RSA 155-A:10-a, any application submitted shall not be deemed complete until all components of the application as required at En 1803.01(b) have been received by the department. The failure of an applicant to respond to an inquiry by the department within 10 business days of such inquiry shall render the application rejected.

(e) 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 department, the applicant shall date and initial in ink or electronically the revision made to the application.

(f) The date of the submitted revision, as described in En 1803.01(e) above, shall constitute a new receipt date for the application.

(g) An owner of a residential building for which plans and specifications have been approved by an architect or engineer pursuant to RSA 155-A shall submit them to the department as prescribed by the BCRB.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

Part En 1804 Methods of Compliance

N.H. Code Admin. R. Ann. En 1804.01 Energy Code Compliance {#sec-en-1804.01 omnilex-key=us-nh-regs-official--agency-en--En 1804.01}

(a) In accordance with RSA 155-A:10-a, applicants who intend to construct new or alter existing residential buildings in municipalities without an adopted code enforcement mechanism, shall submit a completed application to the department on behalf of the BCRB for verification that the proposed applicable project meets the energy code requirements.

(b) An applicant shall demonstrate that a proposed residential building subject to the requirements of the energy code meets or exceeds the minimum construction standards of the energy code pursuant to RSA 155-A.

(c) No project shall be considered approved pursuant to En 1800 and RSA 155-A without the issuance of a verification letter by the department.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. En 1804.02 Department Responsibilities {#sec-en-1804.02 omnilex-key=us-nh-regs-official--agency-en--En 1804.02}

The department shall review the application and shall:

(a) Determine whether the applicant has demonstrated, pursuant to RSA 155-A, that the design of the residential building complies with the energy code; and

(b) If the department determines compliance with the energy code, the department shall issue a verification letter to the municipality pursuant to RSA 155-A:10-a with a copy to the applicant.

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

Part En 1805 Request for Reconsideration

N.H. Code Admin. R. Ann. En 1805.01 Process after Department Denial of Application {#sec-en-1805.01 omnilex-key=us-nh-regs-official--agency-en--En 1805.01}

(a) When the department denies an application, it shall notify the applicant of its finding and the procedures outlined in En 1805.01.

(b) Any applicant whose application has been initially denied by the department may request an informal reconsideration conference with the department within 30 days of the date of the department’s notice of denial.

(d) Following the informal conference referred to in En 1805.01(c) above, the department shall:

(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 En 1805.01(d)(1) above, to the applicant.

(e) If, following the informal conference referred to in En 1805.01(c) above, the department determines compliance with the energy code, the department shall issue a verification letter to the municipality pursuant to RSA 155-A:10-a with a copy to the applicant.

APPENDIX A

Rule

Statute

En 1801.01– En 1805.01

RSA 12-P:5, IV; RSA 155-A:10-a

History

#14381, eff 9-22-25, EXPIRES: 9-22-35

Chapter En 2000 Competitive Electric Power Supplier and Aggregator Rules

Part En 2001 Purpose and Application of Rules

N.H. Code Admin. R. Ann. En 2001.01 Purpose {#sec-en-2001.01 omnilex-key=us-nh-regs-official--agency-en--En 2001.01}

The purpose of En 2000 is to establish requirements for the registration of competitive electric power suppliers and the registration or notification procedures for aggregators with the department. En 2000 also establishes consumer protection requirements for such registered suppliers and aggregators. En 2005 pertains to enforcement provisions and procedures including the department’s petitions alleging sanctionable events and transfer of customer complaints against competitive electric power suppliers and aggregators to the public utilities commission.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2001.02 Application of Rules {#sec-en-2001.02 omnilex-key=us-nh-regs-official--agency-en--En 2001.02}

(a) This chapter shall apply to competitive electric power suppliers as defined in En 2002.08, aggregators as defined in En 2002.03, and aggregators granted agency authority as defined in En 2002.04.

(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 En 2002.25.

(c) The provisions of this chapter which apply only to residential or small commercial customer accounts shall not apply to incidental residential accounts that are the responsibility of a non-residential person, firm, or entity that is a large commercial customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2001.03 Waiver of Rules {#sec-en-2001.03 omnilex-key=us-nh-regs-official--agency-en--En 2001.03}

The department shall waive the rules in this chapter in accordance with En 201.05.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

Part En 2002 Definitions

N.H. Code Admin. R. Ann. En 2002.01 Affiliate {#sec-en-2002.01 omnilex-key=us-nh-regs-official--agency-en--En 2002.01}

“Affiliate” means any of the following:

(a) 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;

(b) Any person or entity that is directly or indirectly owned, controlled, or held by any person or entity described in En 2002.01(a) 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;

(c) 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

(d) Any person or entity who exercises effective control over the management, supervision, or operation of another person or entity.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.02 Aggregate {#sec-en-2002.02 omnilex-key=us-nh-regs-official--agency-en--En 2002.02}

“Aggregate” means to combine the electricity loads of 2 or more customers or a single customer with multiple meters or multiple locations.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.03 Aggregator {#sec-en-2002.03 omnilex-key=us-nh-regs-official--agency-en--En 2002.03}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.04 Aggregator granted agency authority {#sec-en-2002.04 omnilex-key=us-nh-regs-official--agency-en--En 2002.04}

“Aggregator granted agency authority” means an aggregator who has been granted express authority by a customer to enter into an electricity supply contract with a CEPS or to choose utility default service on behalf of the customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.05 Applicant {#sec-en-2002.05 omnilex-key=us-nh-regs-official--agency-en--En 2002.05}

“Applicant” means any person or entity who has filed an application for registration or renewal as a CEPS or an aggregator with the department pursuant to En 2003.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.06 Buyer’s aggregator {#sec-en-2002.06 omnilex-key=us-nh-regs-official--agency-en--En 2002.06}

“Buyer’s aggregator” means an aggregator that receives no compensation or remuneration from an electricity supplier, such as a municipality that aggregates electric load or energy services for its citizens or an RSA 301-A consumer cooperative that aggregates electric load or energy for its members.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.07 Commission {#sec-en-2002.07 omnilex-key=us-nh-regs-official--agency-en--En 2002.07}

“Commission” means the New Hampshire public utilities commission.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.08 Competitive electric power supplier (CEPS) {#sec-en-2002.08 omnilex-key=us-nh-regs-official--agency-en--En 2002.08}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.09 Confidential customer information {#sec-en-2002.09 omnilex-key=us-nh-regs-official--agency-en--En 2002.09}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.10 Customer {#sec-en-2002.10 omnilex-key=us-nh-regs-official--agency-en--En 2002.10}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.11 Customer representative {#sec-en-2002.11 omnilex-key=us-nh-regs-official--agency-en--En 2002.11}

“Customer representative” means any person, firm, or entity, with the demonstrated legal right and authority to act as an agent or representative on behalf of a customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.12 Department {#sec-en-2002.12 omnilex-key=us-nh-regs-official--agency-en--En 2002.12}

“Department” means the New Hampshire department of energy.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.13 Electricity suppliers {#sec-en-2002.13 omnilex-key=us-nh-regs-official--agency-en--En 2002.13}

“Electricity suppliers” means “electricity suppliers” as defined in RSA 374-F:2, II.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.14 Electricity supply offer {#sec-en-2002.14 omnilex-key=us-nh-regs-official--agency-en--En 2002.14}

“Electricity supply offer” means a solicitation by a CEPS to sell electricity or a solicitation by an aggregator to arrange for or facilitate the purchase of electricity by a customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.15 Electronic data interchange (EDI) {#sec-en-2002.15 omnilex-key=us-nh-regs-official--agency-en--En 2002.15}

“Electronic data interchange (EDI)” means a standard set of data transactions used by electric distribution companies and CEPS to send and receive data.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.16 Enrollment {#sec-en-2002.16 omnilex-key=us-nh-regs-official--agency-en--En 2002.16}

“Enrollment” means the commencement of a customer’s electricity supply service from a CEPS effective on the meter read date described in En 2004.10(a) following successful EDI notification by a CEPS to the utility.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.17 Investment grade credit rating {#sec-en-2002.17 omnilex-key=us-nh-regs-official--agency-en--En 2002.17}

“Investment grade credit rating” means a current rating for senior unsubordinated debt of AAA, AA, A, or BBB, as issued by S&P Global Ratings, or Aaa, Aa, A, or Baa, as issued by Moody’s Investors Service, Inc.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.18 ISO New England, Inc. (ISO-NE) {#sec-en-2002.18 omnilex-key=us-nh-regs-official--agency-en--En 2002.18}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.19 Large commercial customer {#sec-en-2002.19 omnilex-key=us-nh-regs-official--agency-en--En 2002.19}

“Large commercial customer” means any non-residential customer that meets the availability criteria to take service under a non-residential utility tariff and is not a small commercial customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.20 Principals {#sec-en-2002.20 omnilex-key=us-nh-regs-official--agency-en--En 2002.20}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.21 Sanctionable event {#sec-en-2002.21 omnilex-key=us-nh-regs-official--agency-en--En 2002.21}

“Sanctionable event” means a CEPS or aggregator has:

(1) Violated any provision of the rules included in this chapter;

(2) Violated the requirements of RSA 374-F:7 or any other provision of RSA Title XXXIV applicable to CEPS or aggregators; or

(3) Engaged in any unfair or deceptive acts or practices in the marketing, sale, or solicitation of electricity supply or related services.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.22 Slamming {#sec-en-2002.22 omnilex-key=us-nh-regs-official--agency-en--En 2002.22}

“Slamming” means the initiation of the transfer of a customer to a new CEPS or aggregator without the customer’s authorization.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.23 Small commercial customer {#sec-en-2002.23 omnilex-key=us-nh-regs-official--agency-en--En 2002.23}

“Small commercial customer” means any non-residential customer that meets the availability criteria to take service under a non-residential utility tariff, and has a normal maximum demand threshold of less than 20 kilowatts. The term does not include any customer eligible to take service under a utility’s small customer tariff for an individually metered account, but whose aggregated accounts in New Hampshire exceed the combined demand threshold of 20 kilowatts.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.24 Unaffiliated third party {#sec-en-2002.24 omnilex-key=us-nh-regs-official--agency-en--En 2002.24}

“Unaffiliated third party” means an independent person or entity, who is not an affiliate of the CEPS or aggregator granted agency authority, used to verify a customer’s election to purchase electricity supply from a particular CEPS or to contract with a particular aggregator granted agency authority.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2002.25 Utility {#sec-en-2002.25 omnilex-key=us-nh-regs-official--agency-en--En 2002.25}

“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

#14583, eff 5-15-26, EXPIRES: 5-15-36

Part En 2003 Registration and Assessment Requirements

N.H. Code Admin. R. Ann. En 2003.01 Initial Registration of Competitive Electric Power Suppliers {#sec-en-2003.01 omnilex-key=us-nh-regs-official--agency-en--En 2003.01}

(a) No CEPS shall sell electricity, or offer by any means to sell electricity to any customer until the department has approved its registration in accordance with (d) below in this section and the CEPS has complied with the shopping comparison website initial information input requirements set forth in En 2004.03(a)(1).

(b) An applicant seeking to register as a CEPS shall complete and submit the “Application For Registration as a Competitive Electric Power Supplier Form,” dated 5/2026, available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department. The applicant shall provide the following information in addition to the completed form:

(1) As a separate attachment, evidence of the applicant's authorization to do business in New Hampshire (NH) from the NH secretary of state, if anything other than an individual, by submitting either:

a. A recent printout of the applicant’s listing on the NH secretary of state’s website with the status “In Good Standing” or words of similar import; or

b. A copy of a certificate from the NH secretary of state’s office stating that the applicant is authorized to do business in New Hampshire;

(2) As a separate attachment, evidence of the applicant's registration of the trade name, if any, to be used by the applicant in New Hampshire from the NH secretary of state by submitting either:

a. A recent printout of the applicant’s trade name on the NH secretary of state’s website with the status “Active” and indicating that the trade name is owned by the applicant; or

b. A copy of a certificate from the NH secretary of state’s office indicating that the applicant has registered as doing business under a trade name;

(3) Evidence of the applicant’s ISO-NE market participant membership;

(4) Electronic data interchange (EDI) certification from each electric distribution utility in whose franchise area the applicant intends to operate;

(5) If answering “yes” to the questions posed at numbers 18, 19, 20, and 21, regarding civil, criminal, or regulatory proceedings, sanctions, convictions, and settlements, provide a detailed explanation of the occurrence and the related circumstances;

(6) If answering in the “yes” to the question posed at number 22 regarding whether the applicant or any of its principals have been denied authorization to provide competitive electricity supply service or electric aggregation service in any other state or jurisdiction, provide a detailed explanation of the occurrence and the related circumstances;

(7) If answering “yes” to the question posed at number 24 regarding the applicant’s intent to conduct telemarketing, indicate “yes” or “no” in answer to the following statements relative to the applicant’s intentions:

(a) Whether the applicant intends to maintain a list of customers who request being placed on the applicant’s do-not-call list for the purposes of telemarketing;

(b) Whether the applicant intends to obtain monthly updated do-not-call lists from the National Do Not Call Registry; and

(c) Whether the applicant intends to initiate calls to New Hampshire customers who have either requested being placed on the applicant’s do-not-call list(s) or customers who are listed on the National Do Not Call Registry;

(8) If answering “yes” for those applicants intending to enroll residential customers through in-person solicitation at the customer’s residence, the applicant shall provide:

a. A plan for in-person solicitation of residential customers at their residences, including provisions to ensure legal and regulatory compliance and quality assurance;

b. A description of the applicant’s training program for employees or representatives who will conduct in-person solicitation of residential customers at their residences;

c. An identification of any third-party vendor or vendors the applicant intends to use to conduct in-person solicitation of residential customers at their residences;

d. A copy of the applicant’s performance standards and code of conduct for any employees, representatives, or vendors who will conduct in-person solicitation of residential customers at their residences; and

e. A copy of field audit standards used to evaluate the performance of employees, representatives, or vendors who will conduct in-person solicitation of residential customers at their residences;

(9) If answering “no” to the question posed at number 34 regarding whether the applicant intends to use the utility’s billing service, the applicant shall provide a sample of the bill form(s) the applicant intends to use as a separate attachment;

(10) If answering “yes” to the question posed at number 36 regarding whether the applicant intends to serve residential and small commercial customers, the applicant shall provide a copy of each contract to be used for residential customers and for small commercial customers, including any schedules or other documentation attached to, incorporated into, or referenced in such contract; and

(11) An original executed financial security instrument that meets the requirements of En 2003.03.

(c) Each application shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the CEPS and attesting that its contents are truthful, accurate, and complete.

(d) No person or entity shall sell, or offer to sell by means of mass media marketing or otherwise, natural gas to any customer until the person or entity has completed all aspects of the registration process required by En 3003, and has had its registration approved in accordance with (g) below in this section.

(e) Each applicant shall provide the following in or with its application:

(1) Documentation sufficient to demonstrate that the applicant is an approved shipper on the upstream pipelines and underground storage facilities on which the LDC will assign capacity, if any, to the applicant; and

(2) A $250.00 registration fee, with payment submitted to the department.

(f) The department shall reject the application when information required to complete a CEPS registration application is not provided by the applicant within 60 days of request for such information.

(g) Unless an application for CEPS registration is incomplete, does not meet the application requirements, requires a rule waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing, which approval shall be issued by the commissioner of the department or the commissioner’s designee; or

(2) The application shall be denied in writing.

(h) The department shall deny a CEPS application if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(2) Within the 10 years immediately prior to registration, had any civil, criminal, or regulatory sanctions or penalties imposed against the applicant, its principals or affiliates, pursuant to any state or federal consumer protection law or regulation, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a false statement of material fact in the application; or

(4) Been the subject of consumer complaints in other states in such number and of such types as establishes a pattern demonstrating engagement in one or more of the following:

a. Misleading or deceptive marketing or sales practices;

b. Inaccurate billing when billed by the CEPS;

c. Fraud;

d. Slamming; or

e. Other practices found by the department to be harmful or potentially harmful to customers.

(i) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(j) An approved CEPS registration shall be valid for a period of 5 years.

(k) If an application is rejected, the application fee shall be forfeited and the applicant shall be required to submit a new application and fee prior to acting as a CEPS in New Hampshire.

(l) An applicant shall submit with its application proof that it has notified any LDC in whose service territory it intends to conduct business as a CEPS of the filing of its application for registration at the time it files the application with the department.

(m) Each CEPS shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Registration as a Competitive Electric Power Supplier Form,” dated 5/2026. The CEPS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

(n) If a CEPS fails to comply with the requirements of this chapter, the department shall determine whether to charge against the CEPS’s financial security subject to the priority set forth in En 2003.03(b).

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.02 Renewal Registration of Competitive Electric Power Suppliers {#sec-en-2003.02 omnilex-key=us-nh-regs-official--agency-en--En 2003.02}

(a) Each registered CEPS shall renew its registration with the department every 3 years by:

(1) Completing and submitting an application for renewal registration using the “Application For Registration as a Competitive Electric Power Supplier Form,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department;

(2) Filing a confidential report in accordance with En 2003.04(a) which lists any aggregators currently using the CEPS to provide service to New Hampshire customers, and the number of customers served by each listed aggregator; and

(3) Filing the original executed security instrument required under En 2003.03 with the department, unless the financial security instrument previously filed with the department will remain in effect during the entire renewal term.

(b) Each application for renewal shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the CEPS and attesting that its contents are truthful, accurate, and complete.

(c) The department shall reject the application for renewal when information required to complete a CEPS registration is not provided by the applicant within 60 days of request for such information.

(d) Each application for renewal shall be submitted no less than 60 days and no more than 120 days prior to the expiration of the CEPS’s currently effective registration. If a CEPS fails to renew its registration, the registration shall expire by its terms.

(e) Unless a CEPS application for renewal is incomplete, does not meet the application requirements, requires a rule waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application for renewal shall be approved in writing by the commissioner of the department or the commissioner’s designee; or

(2) The application for renewal shall be denied in writing.

(f) The department shall deny a CEPS application for renewal if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a false statement of material fact in the application;

(4) Been the subject of substantiated consumer complaints in other states in such number and of such types as establishes a pattern demonstrating engagement in one or more of the following:

a. Misleading or deceptive marketing or sales practices;

b. Inaccurate billing when billed by the CEPS;

c. Fraud;

d. Slamming; or

e. Other practices found by the department to be harmful or potentially harmful to customers; or

(5) Had its registration suspended or revoked pursuant to Puc 2004 and has not:

a. Demonstrated its ability to avoid a similar sanctionable event; and

b. Paid all applicable fines and complied fully with any department order issued as a result of a sanctionable event.

(g) In the event that the department denies an application for registration renewal, the applicant may, within 30 days, file a request for reconsideration with the department.

(h) The CEPS registration shall be valid for a period of 3 years.

(i) The application fee shall be forfeited for applications which are rejected.

(j) A new application fee pursuant to En 2003.01(e)(2) shall apply to submission of an application which has previously been rejected.

(k) Each CEPS shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Registration as a Competitive Electric Power Supplier Form,” dated 5/2026. The CEPS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

(l) If a CEPS fails to comply with the requirements or obligations of this chapter, the department shall determine whether to charge against the CEPS’s financial security subject to the priority set forth in En 2003.03(b).

(m) Within 10 days of receiving department approval of its registration application, a CEPS shall notify, in writing, each utility in whose franchise area it intends to operate that it has successfully completed its registration.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.03 Financial Security Requirements of Competitive Electric Power Suppliers {#sec-en-2003.03 omnilex-key=us-nh-regs-official--agency-en--En 2003.03}

(a) The financial security instrument required by En 2003.01(b)(11), and En 2003.02(a)(3) if applicable, shall:

(1) Be in the form of:

a. An irrevocable standby letter of credit issued by:

A bank on the ISO-NE list of approved letter of credit banks and presentable at a U.S. office of such bank; or
A bank with a retail office in New Hampshire and presentable at a New Hampshire office of such bank;

b. A surety bond issued by an insurance company or bonding company included on the U.S. Treasury Department’s list of certified companies and licensed in New Hampshire, with demand to be made on a U.S. office of the named surety; or

c. An unconditional guaranty of payment executed by the parent company or other affiliate of the CEPS, if:

The parent company or affiliate has and maintains an investment grade credit rating;
The agreement specifies that it is governed by, and construed in accordance with, the laws of the state of New Hampshire regardless of any choice of law provisions; and
The guarantor and CEPS submit to the sole jurisdiction of the state of New Hampshire Merrimack Superior Court;

(2) Be in an amount equal to the greater of:

a. One hundred thousand dollars; or

b. Twenty-five percent of the CEPS’s actual gross sales in New Hampshire for the preceding full year of operation, not including revenue from the provision of default service, for any year after the CEPS’s first full year of operation;

(3) Not exceed $500,000, notwithstanding (a)(2) above in this section;

(4) Name the department as beneficiary, obligee, or guaranteed party, as applicable, provided that, for any financial security instrument issued prior to the 2025 effective date of this chapter, the commission may be named as the beneficiary, obligee, or guaranteed party, as applicable, but only until the CEPS next renews its registration, at which time the instrument shall name the department, even if the instrument is continuous;

(5) Have an effective term of not less than 12 months with a 6-month extended claim, draw, or demand period;

(6) Have no right of cancellation during the initial effective term of the financial security instrument; and

(7) Be adjusted annually, even if bond is continuous, if based on actual or estimated gross sales under (a)(2)b. above in this section.

(b) The department shall make a claim under or pursue an action against financial security instruments for the following purposes and in the following order of payment priority:

(1) Customer complaint reparations, ordered by the commission pursuant to Puc 2004 following notice and hearing and remaining unpaid by the CEPS after 30 days;

(2) Fines or sanctions for violation of applicable laws or rules, assessed by the commission pursuant to Puc 2004 following notice and hearing and remaining unpaid by the CEPS after 30 days;

(3) Alternative compliance payments (ACPs) due to the department under RSA 362-F and the Puc 2500 rules, but remaining unpaid by the CEPS after 60 days; and

(4) Department annual assessment remaining unpaid by the CEPS on June 1 of any calendar year, in the absence of exemption or good faith objection.

(c) Each financial security instrument shall contain the following operative language, except that any financial security instrument issued prior to the 2025 effective date of this chapter may refer to the commission rather than the department in the first line of text until such time as the department is named pursuant to (a)(4) above in this section:

“The New Hampshire Department of Energy may draw upon this financial security instrument if and when the Company has failed to make required payment(s) and/or payment arrangements in accordance with the terms and conditions of an order issued by the New Hampshire Public Utilities Commission for reparations or sanctions, or in accordance with the terms and conditions of a demand letter issued by the New Hampshire Department of Energy for alternative compliance payments under RSA 362-F and the Puc 2500 rules, annual assessments pursuant to RSA 363-A, or continuous service requirements under En 2004.17.”

(d) In the event the department draws on a financial security instrument pursuant to (b) above in this section, the CEPS shall replenish the financial security instrument to the full amount required by (a)(2) and (a)(3) above in this section within the timeframe specified by the department in writing.

(e) If the financial security instrument provided by a CEPS to the department in connection with its original or any renewal registration will not be renewed or extended beyond its expiration date, the CEPS shall:

(1) Provide written notice to the department of such non-renewal or non-extension no less than 60 days prior to the expiration date; and

(2) File with the department a replacement financial security instrument meeting the requirements of (a) above in this section no less than 30 days prior to the expiration date.

(f) A CEPS that fails to comply with the requirement to file a replacement financial security instrument under (e)(2) above in this section shall be subject to fines, suspension, or revocation pursuant to commission action taken under Puc 2004.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.04 Reporting Requirements of Competitive Electric Power Suppliers {#sec-en-2003.04 omnilex-key=us-nh-regs-official--agency-en--En 2003.04}

(a) No later than January 31, April 30, July 31, and October 31 of each year, each CEPS shall submit to the department a confidential quarterly sales report by using the “CEPS Quarterly Sales Report,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one electronic copy with the department.

(b) The report required in (a) above in this section shall be provided on a confidential basis to the Office of Consumer Advocate.

(d) Each CEPS shall pay to the department, by July 1 of each year, any alternative compliance payment due pursuant to Puc 2503.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.05 Registration of Aggregators {#sec-en-2003.05 omnilex-key=us-nh-regs-official--agency-en--En 2003.05}

(a) Any person or entity that acts solely as a buyer’s aggregator, such as a municipality acting on behalf of its citizens, shall notify the department of its intent to do business.

(b) With the exception of (a) above in this section, a buyer’s aggregator shall not otherwise be subject to the provisions of this chapter.

(c) Any person or entity seeking to provide aggregation services to customers shall register with the department prior to providing such services.

(d) No applicant shall market to customers, make legally binding offers to customers, or enroll customers, until it has completed all aspects of the registration process required by this chapter.

(e) An applicant seeking to register as an aggregator shall complete the “Application For Electric Load Aggregation Form,” dated 5/2026, available at the department’s website at

https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department. The applicant shall provide the following information in addition to the completed form:

(1) As a separate attachment, evidence of the applicant's authorization to do business in New Hampshire from the NH secretary of state by submitting either:

a. A recent printout of the applicant’s listing on the NH secretary of state’s website with the status “In Good Standing” or words of similar import; or

(b) A copy of a certificate from the NH secretary of state’s office stating that the applicant is authorized to do business in New Hampshire;

(2) As a separate attachment, evidence of the applicant's registration of the trade name, if any, to be used by the applicant in New Hampshire from the NH secretary of state by submitting either:

a. A recent printout of the applicant’s trade name on the NH secretary of state’s website with the status “Active” and indicating that the trade name is owned by the applicant; or

b A copy of a certificate from the NH secretary of state’s office indicating that the applicant has registered as doing business under a trade name;

(3) If answering “yes” to the question posed at numbers 18 through 22 regarding civil, criminal, or regulatory proceedings, sanctions, convictions, and settlements, provide a detailed explanation of the occurrence and the related circumstances;

(4) If answering “yes” to the question posed at number 28 regarding whether the applicant is representing any supplier interest, provide the list of suppliers represented; and

(5) Include the signature of the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the applicant and attests that its contents are truthful, accurate, and complete.

(f) The applicant seeking to register as an aggregator shall pay the application fee of $250 to the department by submitting payment with their application to the department.

(g) The department shall reject an application for aggregator registration when information required to complete such registration is not provided within 60 days of request for such information.

(h) Unless an application for aggregator registration is incomplete, does not meet the application requirements, requires a waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing by the commissioner of the department or the commissioner’s designee; or

(2) The application shall be denied in writing.

(i) The department shall deny an application for aggregator registration if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a material false statement of fact in the application.

(j) The application fee shall be forfeited for applications which are rejected.

(k) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(l) A new application fee pursuant to (f) above in this section shall apply to submission of an application which has previously been rejected.

(m) Aggregator registrations approved by the department shall be valid for 2 years from the effective date of approval.

(n) Each aggregator shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Electric Load Aggregation Form,” dated 5/2026. Such notification shall be provided in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.06 Renewal of Registration by Aggregators {#sec-en-2003.06 omnilex-key=us-nh-regs-official--agency-en--En 2003.06}

(a) Each registered aggregator shall renew its registration with the department after the initial 2-year period and after any 2-year renewal period as applicable by completing an application for renewal registration using the “Application For Electric Load Aggregation Form,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registrationSupplier & Aggregator Registration | NH Department of Energy and submitting to the department one original, one paper copy, and one electronic copy, of the form, no less than 60 days and no more than 120 days prior to the expiration of the aggregator’s currently effective registration.

(b) The renewed aggregator registration, like the initial registration shall expire 2 years from the date of approval, unless the renewal is approved prior to the end of such 2-year period.

(c) An aggregator renewing its registration, and not having paid an assessment for the fiscal year preceding such renewal, shall include with its application for aggregator registration a renewal fee of $125.00 payable to the department and submitted with their renewal registration.

(d) An aggregator renewing its registration, and having paid an assessment for the fiscal year preceding such renewal, shall not be required to pay a renewal fee.

(e) Unless an application for aggregator registration renewal is incomplete, does not meet the application requirements, requires a waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing by the commissioner or the commissioner’s designee; or

(2) The application shall be denied in writing.

(f) The department shall deny an aggregator application for renewal if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been the subject of substantiated consumer complaints in New Hampshire or other states in such number and of such types as establishes a pattern demonstrating engagement in one or more of the following:

a. Misleading or deceptive marketing or sales practices;

b. Fraud;

c. Slamming; or

d. Other practices found by the department to be harmful or potentially harmful to customers;

(2) Since its registration, had any civil, criminal, or regulatory sanctions or penalties imposed against the applicant, its principals or affiliates, pursuant to any state or federal consumer protection law or regulation, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a false statement of material fact in the renewal application; or

(4) Had its registration suspended or revoked pursuant to Puc 2004 based on the occurrence of a sanctionable event and has not:

a. Demonstrated its ability to avoid a similar sanctionable event; and

b. Paid all applicable fines and complied fully with any commission order issued as a result of the sanctionable event.

(g) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(h) A renewed aggregator registration, approved by the department, shall be valid for 2 years from the effective date of approval.

(i) Each aggregator shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Electric Load Aggregation Form,” dated 5/2026. The aggregator shall provide such notification in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.07 Assessment {#sec-en-2003.07 omnilex-key=us-nh-regs-official--agency-en--En 2003.07}

(a) Each CEPS that is registered as of July 1 of any year shall be billed for a $10,000 assessment, unless an exemption claim containing the information specified in the “CEPS Assessment Exemption Claim Form,” dated 5/2026 is submitted by the CEPS to the department no earlier than July 1 and no later than July 30 of the same year.

(b) Each aggregator that is registered as of July 1 of any year shall be assessed $2,000, unless an exemption claim containing the information specified in “Electric Aggregator Assessment Exemption Claim Form,” dated 5/2026 is submitted by the aggregator to the department no earlier than July 1 and no later than July 30 of the same year.

(c) Annually, a CEPS or an aggregator earning less than $10,000 in gross revenue in New Hampshire during the most recent calendar year, from January 1 through December 31, shall complete, sign, and submit one electronic copy of the “CEPS Assessment Exemption Claim Form,” dated 5/2026 or “Electric Aggregator Assessment Exemption Claim Form,” dated 5/2026, or the CEPS or aggregator shall be assessed the amount specified in (a) or (b) above in this section.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2003.08 Withdrawal of Registration {#sec-en-2003.08 omnilex-key=us-nh-regs-official--agency-en--En 2003.08}

(a) A CEPS which no longer sells electricity to customers in New Hampshire shall request withdrawal of its registration in order to be released from its financial security obligation and subsequent assessment by filing a letter with the department confirming that the CEPS has:

(1) Served no customers for the past 120 days; and

(2) Complied with the applicable provisions of En 2004.13 through En 2004.16.

(b) An aggregator which no longer serves customers in New Hampshire shall request withdrawal of its registration to avoid subsequent assessment by:

(1) Filing a letter with the department; and

(2) Attaching a copy of its notice, sent to customers no less than 30 days prior to the request for withdrawal, informing customers that the aggregator will no longer provide service by a specified date.

(c) The department shall approve withdrawal of registration of a CEPS or aggregator if there are no pending customer complaints against the CEPS or aggregator requesting withdrawal.

(d) If there are pending customer complaints against the CEPS or aggregator requesting withdrawal of registration, the department shall approve the withdrawal after the complaints are resolved.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

Part En 2004 Consumer Protection Requirements

N.H. Code Admin. R. Ann. En 2004.01 Applicability {#sec-en-2004.01 omnilex-key=us-nh-regs-official--agency-en--En 2004.01}

The provisions in this section shall apply to the sale of electricity to all customers except where stated otherwise.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.02 Disclosure of Terms of Service by Competitive Electric Power Suppliers {#sec-en-2004.02 omnilex-key=us-nh-regs-official--agency-en--En 2004.02}

(a) Each CEPS shall send each of its customers a written statement regarding terms of service within 3 business days of entering into an agreement to sell electricity.

(b) No agreement between a CEPS and a customer for the sale of electricity shall be effective until:

(1) The customer or the customer representative has provided authorization as described in En 2004.08;

(2) The CEPS has made the disclosure required by this section; and

(3) The rescission period required by (d)(13) below in this section has concluded.

(1) The CEPS has a written agreement with an aggregator granted agency authority specifying that the aggregator accepts the obligations of the CEPS pursuant to this chapter;

(2) The CEPS agrees to provide a copy of the written agreement pursuant to (c)(1) above in this section at the department’s request; and

(3) The CEPS accepts all financial responsibility for any remedies or damages as a result of the aggregator’s failure to satisfy the CEPS’s obligations pursuant to this chapter.

(d) Each CEPS shall include the following in its terms of service:

(1) The name, business address, telephone number, and e-mail address of the CEPS;

(2) An itemized list of all supplier added charges;

(3) Price disclosure information required by En 2004.03(b) or En 2004.03(g), whichever is applicable;

(4) A statement that the CEPS’s price does not include, and the customer will be billed by the distribution company for, charges related to the delivery of electricity, including but not limited to, the price of transmission and distribution, the system benefits charge, stranded cost recovery charge, and taxes;

(5) For residential customers, a list of social service agencies and programs available to low income customers for bill payment assistance;

(6) The due date of bill payments and the consequences of late payments, including the amount of any late payment fee or the interest or finance charge assessed for late payments;

(7) A statement that the residential and small commercial customer has a right to change CEPS at any time and with no advance notice requirement, subject to payment of any termination fees described in the terms of service;

(8) Any other fees, penalties, or charges payable to the CEPS, including any termination fees and any device or equipment cost recoupment charges, for which the customer would be responsible;

(9) An explanation of how the customer will be billed for electricity sales and the name, address, and telephone number of the CEPS’s billing agent, if any;

(10) The toll-free telephone number of the department’s consumer services division and a statement that customers may contact the department if they have questions about their rights and responsibilities;

(11) Deposit requirements, if any, and the rate of interest paid on deposits;

(12) A statement that the CEPS shall not release confidential customer information, except as otherwise permitted under En 2004.19, without written authorization from the customer, and a description of confidential customer information and any other information considered confidential by the CEPS;

(13) An opportunity for each residential or small commercial customer to rescind authorization:

a. Within 5 business days from the date the customer electronically receives the terms of service;

b. Within 6 business days from the postmarked date of the terms of service agreement being mailed to the customer by first class mail;

c. Within 10 business days from the date a residential customer electronically receives the terms of service, if the customer was enrolled through an in-person solicitation at the customer’s residence; or

d. Within 11 business days from the postmarked date of the terms of service agreement being mailed to a residential customer by first class mail, if the customer was enrolled through an in-person solicitation at the customer’s residence;

(14) A statement that, by accepting the terms of service, the customer affirmatively consents to the utility sharing billing and payment information with the CEPS, including the customer’s participation in budget billing or extended payment arrangements;

(15) An explanation of the options the customer will have at the end of any term of the contract, including the deadlines for choosing each option; and

(16) An explanation of how the customer or the customer representative terminates service with the supplier by either:

a. Notifying the CEPS of termination;

b. Contracting with a new CEPS for electricity supply;

c. Contracting with an aggregator granted agency authority; or

d. Contacting the utility to select utility default service.

(e) A CEPS shall request that each residential and small commercial customer specify the customer’s preferred form of communication for receipt of information required under this chapter by choosing one of the following:

(1) Electronic mail for all communications;

(2) Written correspondence delivered by U.S. mail for all communications; or

(3) Text messaging for communications after completion of customer enrollment, if text messaging communication is offered by the CEPS.

(f) In addition to the full terms and conditions of service required by (a) above in this section, a CEPS shall ensure that a summary of the terms of service shall be provided to each residential and small commercial customer using the “Disclosure Summary Template Form,” dated 5/2026 and delivered using the customer’s preferred form of communication.

(g) The terms of service required by this section shall be:

(1) Written in plain language;

(2) Legibly typed or printed;

(3) Delivered to the customer in the customer’s preferred form of communication; and

(4) Printed in a font size no smaller than 12 point for residential and small commercial customers.

(h) The venue for arbitration or other process for complaint resolution between a CEPS and a residential or small commercial customer shall be conducted in New Hampshire pursuant to New Hampshire law and applicable federal law.

(i) A CEPS shall not submit a customer enrollment request to a utility until any applicable customer right of rescission has lapsed.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.03 Price Disclosure {#sec-en-2004.03 omnilex-key=us-nh-regs-official--agency-en--En 2004.03}

(a) Each registered CEPS shall input into a shopping comparison website, maintained by the department, information regarding the CEPS’s standard fixed and variable pricing policies, charges, and key terms for residential and small commercial customers, as follows:

(1) Following its initial registration, the CEPS shall be provided a secure link to the department’s shopping comparison website through which it shall input the required information prior to selling or offering by any means to sell electricity to any customer; and

(2) The required information shall be updated whenever it changes, but no less frequently than once per month, as required under RSA 374-F:4-b, II.

(b) A CEPS shall include the following on both its website and in its terms of service for a variable price offer to residential and small commercial customers:

(1) A clear statement that the variable price being offered is based on market prices or some other identified price index, if applicable;

(2) If the variable price being offered is not based on market prices or some other price index as described in (b)(1) above in this section, a clear statement that the variable price being offered is not based on market prices or some other identified price index;

(3) A general description of the components used in determining the variable price and the frequency of variation;

(4) Unless the variable rate product includes a mechanism for providing advance notice of the variable rate to the customer, a statement that the customer will not know what price the customer will pay for electricity used until the bill is issued;

(5) A statement that it might take one or more billing cycles for a price variation to become effective;

(6) The maximum and minimum monthly price, stated separately, that a similarly situated retail customer in New Hampshire would have paid over the preceding 12-month period;

(7) Any applicable price cap;

(8) Any applicable price floor; and

(9) The website address where the current publicly available price per kWh required in (c) below in this section is identified.

(c) A CEPS charging a variable price or variable prices shall maintain a publicly available website where residential and small commercial customers might readily obtain the applicable variable price per kWh no less than 5 calendar days prior to the effective date of the price.

(d) Residential and small commercial customers shall be notified at least 30 days prior to the effective date of any increase in a variable price projected to increase by 25 percent or more per kilowatt-hour using the customer’s preferred form of communication.

(e) The notice required pursuant to (d) above in this section shall confirm that the actual variable price per kWh shall be available on the CEPS website no less than 5 days prior to the effective date of the price increase.

(f) Residential and small commercial customers shall be notified no less than 45 days and no more than 60 days prior to the effective date of any change in the terms or structure of a variable price using the customer’s preferred form of communication.

(g) A CEPS shall include the following on both its website and in its terms of service for a fixed price contract offer to residential and small commercial customers:

(1) The fixed price per kWh the customer will be charged;

(2) The average monthly price for service a residential customer will be charged when the fixed price includes charges in addition to the fixed price per kWh in (g)(1) above in this section, assuming a monthly usage of:

a. 500 kWh;

b. 1000 kWh; and

c. 1500 kWh;

(3) The average monthly price for service a small commercial customer will be charged when the fixed price includes charges in addition to the fixed price per kWh in (g)(1) above in this section, assuming a monthly usage of:

a. 2000 kWh;

b. 4000 kWh; and

c. 6000 kWh;

(4) The term of the fixed price contract stated in:

a. Months; or

b. The effective ending meter read month;

(5) A description of the customer’s options at the end of the term and of how the customer might exercise those options; and

(6) Any fees payable to the CEPS for early termination by the customer.

(h) When a fixed price contract offer includes charges based on demand, the terms of service shall include the average price per kW of demand, or other billing determinants for demand charges, if other than a fixed rate per kW.

(i) If the energy charge for the proposed service is based on determinants other than a fixed rate per kWh, such as time-of-use or real time rates, all applicable billing determinants, broken down by time-of-use, and a historic average price per kWh for a typical load profile, shall be described by at least hour of day and day of week, covering an identified 12-month historical period ending within one year and one month of the date of the disclosure.

(j) No variable price contract with a CEPS shall bind a residential or small commercial customer for a period longer than a one-month billing cycle or impose a fee for termination of the contract by a residential or small commercial customer, except if and to the extent that any such fee:

(1) Recoups the cost of a device or other equipment provided to the customer without charge as an incentive for selecting the CEPS; or

(2) Is part of a power purchase agreement for some or all of the electrical output from a specific generator source.

(k) CEPS shall permit residential and small commercial customers to terminate a contract for service at any time, and without requiring the customer or the customer representative to provide advance notice to the CEPS, by contracting with another CEPS, by switching to utility default energy service, or by contacting the CEPS through the following means of communication:

(1) Telephone;

(2) Electronic mail;

(3) Written correspondence sent by U.S. mail; or

(4) Electronic on-line communication options provided by the CEPS.

(l) A CEPS shall retain records of the written notices provided to customers regarding the nature of its variable rate contract pricing terms for a period of not less than 2 years and shall make such records available to the department upon request by the department.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.04 Disclosure Prior to End of Contract {#sec-en-2004.04 omnilex-key=us-nh-regs-official--agency-en--En 2004.04}

(a) No less than 45 days and no more than 60 days prior to the end of a fixed price contract with a residential or small commercial customer, the CEPS shall provide the customer notice of the date the fixed price contract ends and notice of the renewal options.

(b) A CEPS shall not automatically renew or extend a fixed price contract with a residential or small commercial customer beyond the end date specified in (a) above in this section without disclosing to the customer using the customer’s preferred form of communication:

(1) The fixed price the customer will be charged after the contract end date provided to the customer pursuant to (a) above in this section if the customer takes no action;

(2) The term of any new fixed price contract if the customer takes no action;

(3) The date by which the customer must notify the CEPS to avoid a new fixed price contract; and

(4) Instructions that the customer must do one of the following to receive service from a different supplier:

a. Contract with a new CEPS for electricity supply before the contract end date provided in accordance with (a) above in this section;

b. Contact the CEPS to request a return to utility default service before the contract end date provided in accordance with (a) above in this section; or

c. Contact the utility to select utility default service before the contract end date provided in accordance with (a) above in this section.

(c) At the end of a fixed price contract, a CEPS shall not transition a customer to a variable price unless it has provided the following no less than 45 days and no more than 60 days prior to the contract end date:

(1) The information required in En 2004.03(b);

(2) Disclosure of the current variable price;

(3) The date no less than 3 business days prior to the scheduled meter read date by which the customer must contact the CEPS or change to a new CEPS or select utility default service to avoid the variable price; and

(4) Instructions that the customer must do one of the following to receive service from a different supplier:

a. Contract with a new CEPS for electricity supply before the contract end date provided in accordance with (c)(3) above in this section;

b. Contact the CEPS to request a return to utility default service before the contract end date provided in accordance with (c)(3) above in this section; or

c. Contact the utility to select utility default service before the contract end date provided in accordance with (c)(3) above in this section.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.05 Environmental Disclosure {#sec-en-2004.05 omnilex-key=us-nh-regs-official--agency-en--En 2004.05}

(a) No less frequently than once each year, a CEPS shall provide each of its customers with an environmental disclosure label that complies with the information provided and in the format and methodology approved by the commission in accordance with RSA 378:49 using the customer’s preferred form of communication.

(b) A CEPS shall provide all new customers with an environmental disclosure label at the start of service.

(c) A CEPS shall post in an easily accessible location on its public website a copy of the current environmental disclosure for each electric service it sells in the state.

(d) The environmental disclosure label shall be updated no less frequently than annually.

(e) A CEPS shall deliver the environmental disclosure label to each customer using the customer’s preferred form of communication.

(f) The environmental disclosure label required by this section shall be provided in an electronic format to the department and commission whenever it is updated and no less frequently than annually.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.06 Billing {#sec-en-2004.06 omnilex-key=us-nh-regs-official--agency-en--En 2004.06}

(a) Any CEPS bill not issued by the utility shall include the following information:

(1) The starting and ending date of the billing period;

(2) The starting meter reading and the ending meter reading for the billing period;

(3) Any fixed monthly charges;

(4) The price per kWh for electricity usage and all other applicable billing determinants;

(5) An indication as to whether the bill is based on actual or estimated usage;

(6) The total kWh and all other applicable billing determinants, such as demand charges used during the billing period, which shall include for customers on a time of use or similar pricing schedule the total kWh and all other applicable billing determinants used broken down by time of use;

(7) The average price expressed per kWh billed by the CEPS to the customer during the billing period;

(8) Any applicable penalty date and the amount of the applicable penalty, including but not limited to penalties for late payments;

(9) Any other factors necessary to compute the charges;

(10) An itemized breakdown of the charges, including any late fee or penalty, and the name of the company or entity assessing the charge;

(11) The toll-free telephone number and e-mail address, if available, of the CEPS customer service department or customer service contact person;

(12) A statement that the customer has the right to file a complaint with the department after the customer has attempted to resolve the dispute with the CEPS; and

(13) The toll-free telephone number of the department’s division that processes customer complaints.

(b) Upon request of a customer, a CEPS shall provide the customer with a clear and concise statement of the customer’s actual consumption for each billing period during the prior year or the months in the prior year during which the CEPS sold electricity to the customer.

(c) A CEPS not using utility consolidated billing shall issue each monthly bill for residential and small commercial customers no later than 5 calendar days from the date usage is received from the utility.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.07 Disclosure by Aggregators {#sec-en-2004.07 omnilex-key=us-nh-regs-official--agency-en--En 2004.07}

(a) Prior to entering into an agreement to provide aggregation service to a customer, an aggregator shall:

(1) Provide an explanation of fixed price supply and variable price supply service options;

(2) Determine if the customer is interested in a fixed price or a variable price product; and

(3) Provide the customer with its terms and conditions of service.

(b) An aggregator shall request that each residential and small commercial customer specify the customer’s preferred form of communication for receipt of information required under this chapter as one of the following:

(1) Electronic mail;

(2) Written correspondence delivered by U.S. mail; or

(3) Text messaging for communications once the customer has engaged the aggregator, if text messaging communication is offered by the aggregator.

(c) No agreement between an aggregator and a customer for aggregation services shall be valid until the aggregator has made the disclosure required by this section.

(d) Each aggregator shall include the following in its terms of service:

(1) The name, business address, telephone number, and e-mail address of the aggregator;

(2) The names of any CEPS that is affiliated with the aggregator;

(3) The names of any CEPS that is not legally affiliated with, but shares common management or ownership with the aggregator;

(4) A statement whether the agreement with the aggregator authorizes the aggregator to enter into a supply contract with a CEPS on the customer’s behalf and if authorization is with or without further communication with the customer;

(5) An explanation that, if the customer or the customer representative authorizes the aggregator to enter into a supply contract on the customer’s behalf and the customer or the customer representative subsequently chooses to enter into a supply contract directly with a CEPS, then the customer or the customer representative must notify the aggregator that the customer has entered into the contract and the aggregator receiving such notice shall not enter into a supply contract on behalf of the customer until the customer’s supply contract with the CEPS has ended;

(6) An explanation that, if the customer or the customer representative authorizes the aggregator to enter into a supply contract on the customer’s behalf and the aggregator subsequently enters into a supply contract directly with a CEPS on the customer’s behalf, the customer will receive a copy of such supply contract prior to the effective date of enrollment, and that the customer or the customer representative must take action to rescind the contract within the specified time if the customer does not agree to have the customer’s electric service be supplied by the CEPS and billed at the CEPS’s rates;

(7) The criteria the aggregator will use when selecting a CEPS for the customer;

(8) The duration of the aggregator’s contract with the customer, including a statement that the customer has a right to change aggregators, subject to the terms of the contract;

(9) An explanation that a customer may not employ the services of more than one aggregator granted agency authority at any given time;

(10) Disclosure of any early termination fees, if applicable;

(11) Any fees payable to the aggregator for which the customer will be responsible;

(12) Whether the aggregator receives fees or compensation from a CEPS, through energy supply service rates or otherwise, for accounts it places with the CEPS;

(13) The toll-free telephone number of the department’s division that processes customer complaints and a statement that customers may contact the department if they have questions about their rights and responsibilities; and

(14) A statement that the aggregator shall not release confidential customer information, except as otherwise permitted under En 2004.19, without written authorization from the customer, along with a description of confidential customer information and any other information considered confidential by the aggregator or CEPS.

(e) The disclosure statement required by this section shall be written in plain language and shall be legibly typed or printed in a font size no smaller than 12 point.

(f) When an aggregator with agency authority enters into a supply contract with a CEPS on behalf of a residential or small commercial customer, the aggregator shall provide:

(1) The terms and conditions of service for the supply contract with the CEPS;

(2) Notice that the supply contract with the CEPS is valid unless the customer or the customer representative rescinds the contract with the CEPS for supply service by a specified date;

(3) Notice that the customer or the customer representative can rescind the supply contract by contacting either:

a. The CEPS; or

b. The aggregator; and

(4) Notice of the customer’s right to rescind the supply contract required by En 2004.02(d)(14).

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.08 Customer Authorization Required for CEPS {#sec-en-2004.08 omnilex-key=us-nh-regs-official--agency-en--En 2004.08}

(a) A CEPS shall not submit on behalf of a customer a change in the customer’s selection of a supplier, without first obtaining verification from the customer or the customer representative in accordance with the requirements of (c) below in this section.

(b) Each CEPS shall maintain records of verification of authorization by the customer or the customer representative for a minimum period of 2 years after obtaining the verification.

(1) In writing;

(2) Through e-mail;

(3) Through a secure customer portal or other electronic on-line enrollment;

(4) Verbally, by telephone, using third-party verification whether the CEPS initiates the call with the customer or the customer representative or the customer or the customer representative initiates the call with the CEPS; or

(5) Through any action specified in (c)(1)-(4) above in this section taken on the customer’s behalf by an aggregator granted agency authority, except that third-party verification shall not be required in the event of an action specified in (c)(4) above in this section taken by an aggregator granted agency authority on behalf of its customer.

(d) Customer authorization obtained from the customer or the customer representative in writing, through e-mail, or through a secure customer portal or other electronic on-line enrollment shall:

(1) Not be combined with other materials sent to the customer;

(2) Be a separate, plainly identifiable document, e-mail, or webpage;

(3) Be written in plain language, and be legibly typed or printed and displayed in a font size no smaller than 12 point;

(4) Contain the customer’s billing name and address;

(5) Contain the service address and account number or meter number that is being changed to a new supplier;

(6) Contain a statement that the customer is changing from the customer’s current supplier to the new supplier, where the new supplier is identified by name;

(7) Contain a statement that the new supplier is not affiliated with the customer’s utility; and

(8) Be signed by the customer or the customer representative by:

a. Signature when providing authorization in writing;

b. A checkbox completed by the customer or the customer representative when providing authorization electronically; or

c. An e-mail reply from the customer or the customer representative when providing authorization by e-mail.

(e) The signature required in (d)(8) above in this section shall be immediately preceded by the following express confirmations of the customer or the customer representative when authorizing the transfer of the customer’s electric service to a CEPS:

(1) The customer or the customer representative is voluntarily signing or checking the box;

(2) The customer or the customer representative understands that the CEPS will, and authorizes the CEPS to, contact the utility and change the customer’s provider of electricity to the CEPS;

(3) The customer or the customer representative understands that the contract is for a fixed price, a variable price, or a combination thereof, whichever applies;

(4) The customer or the customer representative knows the current variable price per kWh, understands the variable price is subject to change and agrees to pay a variable price;

(5) The customer or the customer representative understands and agrees that the contract does, or does not, have a specified term and, if there is a term, the length of the term and any applicable termination fee and any applicable device or equipment cost recoupment charge;

(6) The options available to residential and small commercial customers at the end of the contract term, if any, have been explained to the customer or the customer representative;

(7) The customer has received the terms of service from the CEPS, and the customer or the customer representative has read them, and agrees to the terms of service; and

(8) The residential or small commercial customer understands that the customer or the customer representative has the following period of time during which to rescind authorization of the service contract before it becomes binding:

a. Five business days from the date of signature when providing authorization in person and in writing, except that the rescission period is 10 business days for a residential customer enrolled through in-person solicitation at the customer’s residence;

b. Five business days from the date of authorization by checking the box when providing authorization electronically, except that the rescission period is 10 business days for a residential customer enrolled through in-person solicitation at the customer’s residence; or

c. Six business days from the post-marked date of a service agreement mailed to the customer by first class mail after verbal authorization, except that the rescission period is 11 business days for a residential customer enrolled through in-person solicitation at the customer’s residence.

(f) Verbal authorization of the customer or the customer representative obtained by telephone shall:

(1) Include a statement, made by the customer or the customer representative, providing the customer’s name;

(2) Clearly state that the supplier is not affiliated with the customer’s electric utility;

(3) Confirm that the customer or the customer representative understands the supplier is not affiliated with the utility;

(4) Confirm that the caller is authorized to change the customer’s electricity supplier at the service address;

(5) Confirm that the customer or the customer representative intends to change the customer’s electricity supplier at the service address;

(6) Identify the customer’s billing name and address;

(7) Identify the service address and account number or meter number that is being changed to a new supplier;

(8) Contain a statement, in which the CEPS is identified by name, that the customer or the customer representative understands that the CEPS will, and authorizes the CEPS to, contact the utility and change the customer’s electricity supplier to that CEPS;

(9) Contain a statement that the customer or the customer representative understands that, by changing electric service to the CEPS, the customer will continue to receive the electric assistance program (EAP) discount on the supply portion of the customer’s electric bill;

(10) Verify that the residential or small commercial customer or the customer representative understands the customer has 6 business days from the postmarked date of the mailed service contract to rescind the authorization to change the customer’s provider of electricity before the authorization and the service contract become binding, except that the rescission period is 11 business days for a residential customer enrolled through in-person solicitation at the customer’s residence; and

(11) Be confirmed by an unaffiliated third-party verification company that:

a. Is not owned, affiliated, managed, controlled, or directed by the CEPS, any aggregator, or any marketing representative involved in the transaction;

b. Has no financial incentive to successfully complete CEPS change orders for the CEPS or any aggregator or marketing representative involved in the transaction;

c. Obtains the consent of the customer or the customer’s representative, as required by RSA 570‑A, to the recording of the verbal authorization for a change in service; and

d. Operates in a location physically separate from the CEPS and any aggregator or marketing representative involved in the transaction.

(g) The CEPS shall disclose to the department the name, address, telephone number, and e-mail address of the person or entity acting as a third-party verifier for purposes of (f)(9) above in this section.

(h) No enrollment shall be deemed to have been consented to or deemed a valid request for service authorizing the CEPS to enroll the customer unless authorization has been obtained from the customer or the customer representative as required under this section.

(i) Upon receipt of authorization from the customer or the customer representative, and after the applicable rescission period has expired, the CEPS shall notify the utility electronically of the customer’s request to switch suppliers.

(j) A CEPS shall provide the department with proof of valid authorization by a customer or customer representative when requested by the department.

(k) A CEPS which fails to obtain valid authorization from a customer or customer representative in accordance with this section and initiates a customer change in service shall:

(1) Be liable for all charges billed to the customer as a result of the change in service, subject to En 2004.20(g);

(2) Be liable for all charges for electricity it billed to the customer, subject to En 2004.20(g); and

(3) Be subject to sanctions and other enforcement provisions of Puc 2004.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.09 Customer Authorization Required for Aggregators Granted Agency Authority {#sec-en-2004.09 omnilex-key=us-nh-regs-official--agency-en--En 2004.09}

(a) An aggregator shall not enter into an electricity supply contract on behalf of a customer, without first obtaining authorization from the customer or the customer representative consisting of the customer’s grant of agency that meets the requirements of this section.

(b) Each aggregator granted agency authority shall maintain records of verification of authorization by the customer or the customer representative for a minimum period of 2 years after obtaining the verification.

(c) Authorization for grant of agency authority to an aggregator from the customer or the customer representative shall be obtained:

(1) In writing;

(2) Through e-mail;

(3) Through secure customer portal or other electronic on-line confirmation; or

(4) Verbally, by recorded telephone conversation.

(d) Authorization by the customer or the customer representative shall contain:

(1) The customer’s billing name and address;

(2) The service address and account number or meter number that may be changed to a new supplier;

(3) A statement in which the aggregator granted agency authority is identified by name; and

(4) A statement that the customer or the customer representative is authorizing the aggregator to exercise agency authority to enter into an electricity supply contract on behalf of the customer.

(e) Authorization from the customer or the customer representative obtained in writing, through e-mail, or through electronic on-line confirmation shall:

(1) Not be combined with other materials sent to the customer;

(2) Be a separate, plainly identifiable document, e-mail, or webpage;

(3) Be written in plain language, and be legibly typed or printed and displayed in a font size no smaller than 12 point; and

(4) Be signed by the customer or the customer representative by:

a. Signature when providing authorization in writing;

b. A checkbox completed by the customer or the customer representative when providing authorization electronically; or

c. An e-mail reply from the customer or the customer representative when providing authorization by e-mail.

(f) The signature required in (e)(4) above in this section or the recorded verbal authorization required in (c)(4) above in this section shall be immediately preceded by the following express confirmations when authorizing an aggregator to enter into a supply contract on behalf of a customer:

(1) The customer or the customer representative is voluntarily authorizing the aggregator to enter into a supply contract on behalf of the customer;

(2) The customer or the customer representative understands that the aggregator will, and grants the aggregator agency to, enter into a supply contract on behalf of the customer;

(3) The customer has received the terms and conditions of its agreement with the aggregator, to enter into a supply contract on behalf of the customer;

(4) The customer or the customer representative understands that, if the aggregator enters into a supply contract with a CEPS on behalf of the customer, and the customer is on the electric assistance program (EAP) they will still receive the discount on the supply portion of their electric bill; and

(5) The customer or the customer representative understands that, if the aggregator has entered into a supply contract with a CEPS on behalf of the customer, the customer will receive terms and conditions of service from the CEPS, and the customer will have 5 business days to rescind the supply contract with the CEPS, when terms and conditions of service are received electronically, and 6 business days to rescind the supply contract with the CEPS, when the terms and conditions of service are sent by U.S. Mail, except that the applicable rescission period extends for an additional 5 business days for a residential customer enrolled through in-person solicitation at the customer’s residence.

(g) Verbal authorization recorded by telephone pursuant to (c)(4) above in this section shall include a statement from the customer or the customer representative authorizing the aggregator to select a supplier for the customer, and a statement that the customer or the customer representative understands the supplier selected will, and authorizes the supplier selected to, contact the utility and change the customer’s provider of electricity service.

(h) An aggregator granted agency authority by a customer or customer representative in accordance with this section shall provide the department with proof of valid authorization by the customer or the customer representative when requested by the department.

(i) An aggregator that fails to obtain valid authorization from a customer or customer representative granting agency authority to the aggregator in accordance with this section, and enters into a supply contract on behalf of a customer which results in a change in service to the customer shall:

(1) Be liable for all charges billed to the customer as a result of the unauthorized change in service, subject to En 2004.20(g);

(2) Be liable for all charges for electricity billed to the customer by the supplier selected by the aggregator, subject to En 2004.20(g); and

(3) Be subject to sanctions and other enforcement provisions of Puc 2004.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.10 Competitive Electric Power Supplier Enrollment of Customers {#sec-en-2004.10 omnilex-key=us-nh-regs-official--agency-en--En 2004.10}

(a) When a CEPS enrolls a new customer, the enrollment shall be effective for the customer’s scheduled meter read date that follows EDI notification to the utility by the CEPS, provided that EDI notification occurs no less than 2 business days before the customer’s scheduled meter read date. Otherwise, the enrollment shall be effective for the customer’s next meter read date.

(b) Within 5 business days of expiration of the applicable rescission period without rescission by a residential or small commercial customer or customer representative, the CEPS shall send a welcome letter to the customer by the customer’s preferred form of communication containing:

(1) The name of the CEPS;

(2) The price per kWh the customer will be charged, if a fixed price contract, or the current price and basis for price variation if a variable price contract;

(3) The term of the fixed price contract, if applicable;

(4) The e-mail address or website for the supplier’s customer service department; and

(5) A telephone number for the supplier’s customer service department.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.11 Solicitation of Customers {#sec-en-2004.11 omnilex-key=us-nh-regs-official--agency-en--En 2004.11}

(a) A CEPS or aggregator, or its representative, may solicit by telephone customers who are not listed on the National Do Not Call Registry subject to Federal Communications Commission regulations 47 C.F.R. § 64.1200 through § 64.1202 and Federal Trade Commission regulations 16 C.F.R. § 310.1 through § 310.9.

(b) Any written or verbal solicitation to provide electricity shall advise potential residential and small commercial customers of the right to rescind authorization described in En 2004.02(d)(13) above.

(1) Initiate any telephone call to:

a. An emergency telephone line, including any 911 line or any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

b. The telephone line of any guest room or patient room of a hospital, health care facility, home for the elderly, or similar type facility;

c. A telephone number assigned to a paging service, specialized mobile radio service, or other radio common carrier service, or any other service for which the called party is charged for the call; or

d. A telephone number assigned to a cellular telephone service, unless the call is directly placed to the number and not initiated using an automatic telephone dialing system;

(2) Use any device to send an unsolicited advertisement to a telephone facsimile machine;

(3) Use a pre-recorded automated message to send unsolicited advertisements to potential customers;

(4) Initiate any telephone solicitation to a customer or potential customer before 8:00 a.m. or after 9:00 p.m. eastern time;

(5) Initiate any telephone solicitation to a customer or potential customer before 11:00 a.m. or after 8:00 p.m. on Sunday or on any state or federal holiday; or

(6) Initiate any telephone solicitation to a customer or potential customer unless the CEPS or aggregator has instituted procedures, as provided in (d) below in this section, for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of the CEPS or aggregator.

(d) A CEPS or aggregator which intends to solicit by telephone residential and small commercial customers directly or through the use of a third-party service shall:

(1) Provide the called party with the name of the CEPS or aggregator for which the call is being made and a telephone number or address at which the CEPS or aggregator can be reached; and

(2) Establish a written policy for maintaining a do-not-call list, including:

a. Maintaining a listing, in conformance with the National Do Not Call Registry timelines, of New Hampshire customers and potential customers who have registered with the National Do Not Call Registry prior to conducting any telephone solicitation;

b. Providing notification to customers and potential customers that such a list is maintained;

c. Providing information about how to be placed on the National Do Not Call Registry or a supplier-specific do-not-call list;

d. Instituting training for personnel engaged in any aspect of telephone solicitation in the existence and use of the National Do Not Call Registry and any supplier-specific do-not-call list;

e. Ensuring telephone solicitations are not made to any customer or potential customer who has registered with the National Do Not Call Registry or requested do-not-call treatment consistent with the timelines required by the National Do Not Call Registry and Federal Communications Commission regulations 47 C.F.R. § 64.1200 through § 64.1202 and Federal Trade Commission regulations 16 C.F.R. § 310.1 through § 310.9; and

f. Providing monthly updates to the do-not-call list so that customers or potential customers who have requested not to be called are not called.

(e) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person at the customer’s residence shall:

(1) Conduct in-person solicitation of the customer only between the hours of 9:00 a.m. and 7:00 p.m. on Monday through Saturday, between the hours of 12:00 p.m. and 6:00 p.m. on Sunday or on any state or federal holiday, or during such more limited hours as are prescribed by local ordinance, regulation, or order;

(2) Provide written notice to the municipal police department prior to commencing in-person solicitation of residential customers in a municipality, which notice shall state the dates and times when the in-person solicitation will occur and identify the individual employees or representatives who will conduct the in-person solicitation;

(3) Require its employee or representative to leave the customer’s premises prior to any third-party verification call during which customer enrollment is confirmed;

(4) If customer enrollment with a CEPS will occur through the in-person solicitation, provide to the customer a written notice stating:

a. The customer has agreed to change the provider of its electricity supply service to the CEPS;

b. The electricity supply price per kWh;

c. The time period during which the stated price per kWh is valid;

d. The term of the contract if the electricity supply price is fixed;

e. The electricity supply price is subject to change if it is a variable price contract;

f. Description of the means by which the customer can obtain information regarding future changes in any variable price for electricity supply;

g. The date by which the customer must contact the CEPS to rescind the enrollment; and

h. Information on how the customer may contact the CEPS;

(5) Require the CEPS employee or representative conducting the in-person solicitation to leave with the customer the notice required under (e)(4) above in this section, unless the notice is sent to the customer by electronic mail or U.S. mail within one business day following the third-party verification call confirming the customer’s enrollment with the CEPS;

(6) Retain a written record that the notice required under (e)(4) above in this section was provided to the customer by or on behalf of the CEPS in the manner required under (e)(5) above in this section;

(7) If customer enrollment with a CEPS will not occur through the in-person solicitation, require the CEPS employee or representative to leave behind with the customer written materials that explain retail electricity supply options, describe the CEPS’s electricity supply offerings, and instruct how the customer may enroll with the CEPS if desired; and

(8) If customer enrollment with a CEPS will not occur through the in-person solicitation, refrain from further solicitation of the customer through any means until the next day after the CEPS employee or representative leaves the customer’s premises.

(f) A CEPS or aggregator, or its representative, may contact a potential residential customer in person at a location other than the customer’s residence, for the purpose of selling any product or service offered by the CEPS or aggregator.

(g) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person in accordance with (e) or (f) above in this section, or soliciting any potential non-residential customer in person, shall comply with all state and local laws, rules, and ordinances applicable to such solicitation.

(h) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person in accordance with (e) or (f) above in this section, or soliciting any potential non-residential customer in person, shall, as soon as possible and prior to describing any products or services offered for sale:

(1) Produce identification, to be visible at all times thereafter, which prominently displays in reasonable size type the full name of the CEPS or aggregator and the representative, as well as the CEPS’s or aggregator’s telephone number for inquiries, verification, and complaints, and shall leave such identification with the potential customer upon request;

(2) Describe the relationship of the representative with the CEPS or aggregator;

(3) Clearly state that the representative is not working for and is independent of the potential customer’s electric utility;

(4) State that if the potential customer purchases electricity from the CEPS, or through the aggregator, the potential customer’s utility will continue to deliver the potential customer’s electricity and will respond to any outages or emergencies. This requirement may be fulfilled by an oral statement to the potential customer, or by written materials left with the potential customer; and

(5) Where it is apparent that the potential customer’s English language skills are insufficient to allow the potential customer to understand and respond to the information conveyed, or where the potential customer or another third party informs the CEPS or aggregator, or its representative, of this circumstance, the CEPS, aggregator, or representative, shall either find a replacement or translator who is fluent in the potential customer’s language to continue the marketing activity, or shall terminate the in-person contact with the potential customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.12 Off-Cycle Meter Reading {#sec-en-2004.12 omnilex-key=us-nh-regs-official--agency-en--En 2004.12}

(a) In the event of non-payment by a customer in the largest commercial and industrial classification as defined in the utility tariff, a CEPS shall be permitted to request an off-cycle meter reading by the utility for that customer.

(b) A CEPS shall provide no less than 3 business days’ prior notice to the utility when requesting an off-cycle meter reading pursuant to (a) above in this section.

(c) An off-cycle meter reading requested pursuant to (a) above in this section shall be subject to such charge for performing off-cycle meter readings as is specified in the utility’s tariff.

(d) A utility may deny a request for an off-cycle meter reading if timely notice as described in En (b) above in this section is not provided.

(e) To the extent a utility cannot accommodate an off-cycle meter reading requested in accordance with (a) above in this section within 3 business days of the request, the utility and CEPS shall negotiate an extension of time for the completion of the off-cycle meter reading requested by the CEPS.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.13 Transfer of Customer Accounts Between Suppliers {#sec-en-2004.13 omnilex-key=us-nh-regs-official--agency-en--En 2004.13}

(a) When a CEPS proposes to transfer or sell the right to serve existing customer accounts, the CEPS shall provide clear and conspicuous written notice to each affected customer no less than 30 days prior to the effective date of such transfer or sale which includes:

(1) Notice that the CEPS shall discontinue providing services to the customer;

(2) Notice of the date by which the CEPS will discontinue providing services to the customer;

(3) Notice that unless the customer selects an alternate supplier, the customer will be assigned to the proposed transferee or buyer;

(4) Notice that the change of CEPS shall be without charge to the customer;

(5) A clear statement:

a. Of any difference in the rates, terms, or conditions of service of the CEPS and the rates, terms, or conditions of service of the proposed transferee or buyer; or

b. That the rates, terms, and conditions of service of the CEPS and the proposed transferee or buyer are the same;

(6) The name, address, telephone number, and e-mail address of the proposed transferee or buyer to which the customer account will be transferred or sold if the customer does not select an alternate supplier within the prescribed time period;

(7) Notice of the date by which the customer must make a selection of any alternate supplier, which may include selection of utility default service, in order for such selection to be effective on the customer’s next meter read date; and

(8) Notice that the customer will not be charged an early termination fee in the event an alternate supplier is selected prior to the date specified in (a)(7) above in this section, if the customer is a residential customer or a small commercial customer.

(b) When a CEPS transfers or sells the right to serve existing customer accounts, it shall permit any existing residential customer or small commercial customer to cancel the customer’s service without a termination fee before the transfer or sale occurs.

(c) The CEPS shall provide a copy of the notice described in (a) above in this section to the department at the same time notice is sent to affected customers.

(d) Within 30 days of the effective date of the transfer or sale, the CEPS shall refund to its customers any applicable amounts owed.

(e) Notices required pursuant to (a) above in this section, shall be:

(1) Permitted to be sent with the customer’s billing statement when the supplier bills separately from the utility billing statement;

(2) Sent by the current supplier using the customer’s preferred form of communication, and shall not be sent by the proposed transferee or buyer; and

(3) Sent separately from promotional materials relating to services provided by the proposed transferee or buyer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.14 Change in Ownership {#sec-en-2004.14 omnilex-key=us-nh-regs-official--agency-en--En 2004.14}

(a) For purposes of this section, “change in ownership” of a CEPS means:

(1) Majority ownership or effective control of the CEPS is to be transferred, sold, acquired, or changed;

(2) The CEPS will continue to exist and to serve its customers under the same or a different name;

(3) There will be no change to the CEPS’s customers’ rates, terms, or conditions of service; and

(4) There will be no interruption in or diminution in the quality of service provided by the CEPS.

(b) A CEPS shall notify its customers of a change in ownership and of any different name under which it will serve its customers no less than 14 days prior to the effective date of the change in ownership.

(c) The notice required by (b) above in this section shall be in writing using the customer’s preferred form of communication and:

(1) May be sent with the customer’s billing statement when the supplier bills separately from the utility billing statement; and

(2) Shall be sent separately from any promotional materials.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.15 CEPS Voluntary Discontinuance of Service {#sec-en-2004.15 omnilex-key=us-nh-regs-official--agency-en--En 2004.15}

(a) Any CEPS that intends to cease selling electricity to all customers or any class of customers within the state, and does not intend to transfer or sell its customer base pursuant to En 2004.13 above, and is not subject to suspension or other event as described in En 2004.16 below, shall prior to discontinuing such service:

(1) Provide no less than 60 days written notice to any affected utility and to the department, which notice shall include the following:

a. The date the CEPS intends to cease selling electricity to all customers or any class of customers within the state; and

b. A detailed plan for transfer of any customers it will no longer serve to utility default service; and

(2) Provide to each affected customer no less than 45 days and no more than 60 days prior to the start of the customer’s next billing cycle:

a. Written notice of the date on which the CEPS intends to cease service to the customer; and

b. The date by which the customer must select an alternate CEPS or be transitioned to utility default service on the next meter read date.

(b) When a CEPS discontinues service pursuant to (a) above in this section, the CEPS shall:

(1) Ensure that customers who choose an alternate CEPS are not inadvertently switched to utility default service; and

(2) Refund any outstanding deposits or prepayments within 30 days of the final bill containing charges for service provided by the CEPS to the affected customers.

(c) Upon notification pursuant to (a)(1) above in this section, that a CEPS will discontinue service to all customers within the state, the department shall:

(1) Suspend the CEPS’s registration for 120 days from the date the CEPS:

a. Notifies the department it has no customers within the state; or

b. Ceases to provide service to all customers within the state; and

(2) After the 120 days specified in (c)(1) above in this section:

a. Terminate the CEPS’s registration, if there are no unresolved consumer complaints; or

b. Extend suspension of the CEPS’s registration for an additional 90 days while the remaining consumer complaints are resolved.

(d) A CEPS that has discontinued service to all customers within the state shall maintain adequate financial security as required by En 2003.03 during the period its registration is suspended pursuant to (c) above in this section.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.16 Transfer of Customers Resulting from Unexpected Cessation of CEPS Service {#sec-en-2004.16 omnilex-key=us-nh-regs-official--agency-en--En 2004.16}

(a) 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:

(1) Provide immediate notice to the department describing the market suspension or other event and the effective time of the inability to provide service;

(2) Provide immediate notice to all customers describing the market suspension or other event and the effective time of the inability to provide service;

(3) Provide a copy of the notice sent to customers required in (a)(2) above in this section to the department at the time it is delivered to customers;

(4) Reimburse the utility at its filed and approved tariffed rate for transferring the CEPS’s customers to utility default service;

(5) Refund any outstanding deposits or prepayments to customers within 30 days of suspension by ISO-NE or the event which caused the CEPS to be unable to provide electricity to its customers within the state; and.

(6) Pay reparations for customer losses if so ordered by the commission following a proceeding conducted in accordance with Puc 200.

(b) Upon notification pursuant to (a)(1) above in this section, the department shall suspend the CEPS’s registration for 60 days from the date of:

(1) The ISO-NE market suspension; or

(2) The event which caused the CEPS to be unable to provide electricity to its customers within the state.

(c) The department shall restore the registration if within 60 days of suspension pursuant to (b) above in this section the CEPs demonstrates:

(1) Proof of financial capitalization;

(2) ISO-NE financial requirements are satisfied;

(3) Reinstatement by ISO-NE as a market participant;

(4) Financial security is obtained pursuant to En 2003.03;

(5) All pending consumer complaints are resolved; and

(6) Financial obligations resulting from (a) above in this section have been met.

(d) The department shall terminate the CEPS’s registration after 60 days of suspension if the requirements in (c)(1) through (6) above in this section are not satisfied.

(e) In the event there are unresolved consumer complaints after 60 days of suspension, the department shall extend suspension of the registration for an additional 90 days while the remaining consumer complaints are resolved.

(f) The CEPS shall maintain adequate financial security as required by En 2003.03 during the period its registration is suspended pursuant to (b) above in this section, and as extended pursuant to (e) above in this section.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.17 Department Action When Necessary to Maintain Continuous Service {#sec-en-2004.17 omnilex-key=us-nh-regs-official--agency-en--En 2004.17}

(a) In the event a CEPS does not make adequate provisions for transfers of affected customers to utility default service or to another CEPS pursuant to En 2004.15 or En 2004.16, or pursuant to an order issued by the commission under Puc 2004.03 or Puc 2004.04, the department shall:

(1) Direct the affected utility or utilities to immediately begin transferring the CEPS’s affected customers to utility default service; and

(2) Direct the bank, surety, or guarantor providing the CEPS’ financial security to pay to the department an amount of that financial security determined to be necessary to ensure continuous service to customers through utility default service or another CEPS.

(b) If the department determines that a CEPS has not complied with the provisions for discontinuance of service or for a successor electricity supplier pursuant to En 2004.15 or En 2004.16, then, in addition to any action the commission may take pursuant to Puc 2004, the department shall direct that notice be given by the CEPS to affected customers clarifying the customers’ rights and obligations.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.18 Termination of Service to Customer by CEPS {#sec-en-2004.18 omnilex-key=us-nh-regs-official--agency-en--En 2004.18}

(a) When a residential or small commercial customer has failed to meet any of the material terms and conditions of its agreement for service with a CEPS, prior to terminating its agreement to sell electricity to the customer, the CEPS shall:

(1) Provide written notice of the termination to the customer, stating the reason(s) for the termination, no less than 10 business days prior to the effective date of termination; and

(2) Discontinue the sale of electricity by the CEPS on the customer’s next meter read date that falls no less than 10 business days after issuance of notice to the customer.

(b) Prior to sending the notice required in (a)(1) above in this section, a CEPS using consolidated billing shall be permitted to make one contact with each residential or small commercial customer, intended to seek payment of an unpaid or late balance, during which contact the CEPS shall inform the customer that the CEPS is not affiliated with nor calling on behalf of the customer’s utility.

(c) When a customer that is not a residential or small commercial customer has failed to meet any of the material terms of the customer’s agreement for service, a CEPS shall provide no less than 5 business days’ written notice prior to terminating electric service to such customer.

(d) A CEPS shall provide no less than 3 business days’ electronic notice to the utility through an EDI transaction prior to terminating electric service to any customer pursuant to (a) or (c) above in this section, unless the 3-day notice is waived by the utility.

(e) The notice required to be given to a customer pursuant to this section shall include a statement that termination of service will not result in disconnection from the electric distribution system and that the customer may obtain service from another CEPS or through utility default service, subject to the conditions applicable to utility default service.

(f) Unless an off-cycle meter read has been requested in accordance with En 2004.12(a), all service terminations shall be effective with the customer’s next meter reading occurring no earlier than 2 business days following the submission of an accepted EDI transaction from the CEPS dropping the customer.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.19 Protection of Confidential Customer Information {#sec-en-2004.19 omnilex-key=us-nh-regs-official--agency-en--En 2004.19}

(a) No CEPS or aggregator shall, except as permitted under (c) below in this section, or as otherwise required by law, release confidential customer information without express written authorization from the customer.

(b) A CEPS or aggregator shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect confidential customer information from unauthorized access, use, destruction, modification, or disclosure, and to prohibit the use of the confidential customer information for a secondary commercial purpose not related to the primary purpose of the service provided to the customer, without the express written consent of the customer.

(c) A CEPS or aggregator may disclose to a third party subject to non-disclosure restrictions confidential customer information as necessary for any one or more of the following purposes:

(1) Billing for electric service;

(2) Meeting electric system, electric grid, or other operational needs; or

(3) Implementing any one or more of the following programs:

a. Demand response;

b. Customer assistance;

c. Energy management; and

d. Energy efficiency.

(d) For purposes of this section, the term “non-disclosure restrictions” means that the CEPS or aggregator has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the confidential customer information from unauthorized access, use, destruction, modification, or disclosure, and to prohibit the use of the confidential customer information for a secondary commercial purpose not related to the primary purpose of the contract without the express consent of the customer.

(e) A customer granting authorization to release confidential customer information for purposes described in the terms and conditions of service shall satisfy the requirement in (a) above in this section.

(f) A CEPS or aggregator granted agency authority shall be deemed authorized to obtain customer usage information when it has received customer authorization as described in En 2004.08 or En 2004.09.

(g) In the event of a dispute regarding the release of confidential customer information, including whether the information is or should be confidential, a CEPS, aggregator, or customer may file a complaint with the department for resolution.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2004.20 Other Consumer Protections {#sec-en-2004.20 omnilex-key=us-nh-regs-official--agency-en--En 2004.20}

(a) No CEPS or aggregator shall include provisions in residential or small commercial customer contracts that would waive the requirements of En 2004.

(b) Each CEPS that enrolls a customer shall sell electricity to that customer for a period that lasts at least through one billing cycle of the utility serving that customer.

(c) No CEPS shall install pre-payment meters or any device at the customer’s location that causes electricity to be automatically disconnected for failure to pay in advance.

(d) No CEPS or aggregator shall discriminate in the application process, the provision of service, or the termination of a contract, on the basis of any of the following:

(1) Residential and small commercial customer income;

(2) Home ownership;

(3) Geographic area, except in the provision of service for a municipal or county aggregation pursuant to RSA 53-E;

(4) Race;

(5) Color;

(6) Religion or creed;

(7) Gender;

(8) Marital status;

(9) Age;

(10) National origin;

(11) Disability;

(12) Sexual orientation; or

(13) Gender identity.

(e) Except as to income, no CEPS or aggregator shall discriminate in the provision of credit on the basis of any of the characteristics in (d) above in this section.

(f) Any person may submit a complaint to the department that a CEPS or aggregator has engaged in slamming.

(g) Upon the submission of a complaint pursuant to (f) above in this section:

(1) The department shall, within 10 business days of receipt of the complaint, investigate the facts and circumstances related to the complaint; and

(2) If, after an investigation, the department determines that the CEPS or aggregator does not possess evidence of the customer’s or customers’ affirmative selection or authorization, the department shall petition the commission to require the unauthorized CEPS or aggregator to refund the customer(s) within 45 days if any charges have already been paid and any expenses incurred in connection with the unauthorized transfer of service for up to 9 months.

(h) Aggregators discontinuing service to all customers or any class of customers shall provide no less than 30 days prior written notice of such discontinuance using the customer’s preferred form of communication.

(i) The provisions regarding terms of service and disclosure prior to enrollment as set forth in En 2004.02, En 2004.03(b), En 2004.03(g) through En 2004.03(i), and En 2004.07, shall not apply to any contract for service entered into prior to November 1, 2017 during the original term of such contract, provided that such contract complied with the Puc 2000 rules applicable as of its initial effective date.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

Part En 2005 Enforcement Provisions and Procedures

N.H. Code Admin. R. Ann. En 2005.01 Department Petitions to the Commission {#sec-en-2005.01 omnilex-key=us-nh-regs-official--agency-en--En 2005.01}

If the department determines that a sanctionable event has occurred for which the assessment of fines, revocation of registration, recission of contracts, restitution, or prohibition from doing business in the state would serve a compensatory, punitive, or deterrent purpose, the department shall petition the commission pursuant to RSA 374-F:7, III.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2005.02 Department Claims Against CEPS’s Financial Security {#sec-en-2005.02 omnilex-key=us-nh-regs-official--agency-en--En 2005.02}

If payment has not been made by the CEPS within 14 days of the commission order or department demand letter requiring such payment, the department shall make a claim under, or pursue an action against, the financial security provided by the CEPS under En 2003.01(b)(11) and En 2003.03, for the following amounts and in the following order of payment priority:

(a) Customer complaint reparations or restitution amounts, ordered by the commission to be paid following notice and hearing, and remaining unpaid by the CEPS for 30 days or more after the date due;

(b) Fines assessed by the commission under Puc 2004.01, and remaining unpaid by the CEPS for 60 days or more after the date due;

(c) Alternative compliance payment amounts payable to the department under RSA 362-F and the Puc 2500 rules, but remaining unpaid by the CEPS for 60 days or more after the date due; and

(d) Department annual assessment amounts remaining unpaid by the CEPS on June 1 of any calendar year, in the absence of a pending objection under RSA 363-A:4 or an exemption under RSA 363-A:5.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. En 2005.03 Investigation of Consumer Complaints by Department {#sec-en-2005.03 omnilex-key=us-nh-regs-official--agency-en--En 2005.03}

(a) Upon the submission of an informal complaint to the department’s consumer services division, either verbally or in writing, against a CEPS or aggregator alleging that the CEPS or aggregator is not in compliance with the provisions of this chapter, the consumer services division shall conduct a review of the allegations which are the subject of the complaint and shall begin an investigation to resolve the complaint by agreement.

(b) The CEPS or aggregator shall provide any relevant information to the department’s consumer services division which would assist that division in its efforts to review and resolve the dispute that is the subject of such informal complaint.

(c) Upon exhaustion of all remedies available through the consumer services division, the customer may file a formal complaint with the department in accordance with RSA 365:1.

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

Part En 2006 Information Submission Requirements

N.H. Code Admin. R. Ann. En 2006.01 Submitting Reports and Forms {#sec-en-2006.01 omnilex-key=us-nh-regs-official--agency-en--En 2006.01}

(a) A CEPS and aggregator shall submit all reports and forms to the department by the following methods:

(1) Mail or other delivery to:

New Hampshire Department of Energy

21 South Fruit Street, Suite 10

Concord, NH 03301-2429; or

(2) Electronic report filing as the department shall provide on the department website at registrations@energy.nh.gov.

(b) A CEPS and aggregator making an electronic filing under this section shall submit the original by mail and the electronic copy by email.

APPENDIX

Rule

Specific State Statute the Rule Implements

En 2001-En 2003.06

RSA 12-P:5, IV; RSA 374-F:7, I and V

En 2003.07

RSA 12-P:5, IV; RSA 363-A

En 2003.08-En 2004.02

RSA 12-P:5, IV; RSA 374-F:7, I, II, and V

En 2004.03

RSA 12-P:5, IV; RSA 374-F:4-b; RSA 374-F:7 I and V

En 2004.04-En 2004.18

RSA 12-P:5, IV; RSA 374-F:7, I and V

En 2004.19

RSA 12-P:5, IV; RSA 363:37-38; RSA 374-F:7, I and V

En 2004.20-En 2005.03

RSA 12-P:5, IV; RSA 374-F:7, I and V

En 2006

RSA 12-P:5, IV; RSA 363-A

History

#14583, eff 5-15-26, EXPIRES: 5-15-36

Chapter En 2100 Affiliate Transactions Rules

Part En 2101 Applicability

N.H. Code Admin. R. Ann. En 2101.01 Purpose {#sec-en-2101.01 omnilex-key=us-nh-regs-official--agency-en--En 2101.01}

En 2100 sets forth the department’s regulatory oversight concerning certain standards of conduct and related procedures which the public utilities commission (commission) has established in Puc 2100 rules governing the relationship between a utility and its affiliates transacting business in New Hampshire by requiring utilities to make an annual compliance filing. Additionally, the En 2100 rules include provisions concerning the utility’s obligation to file service contracts and arrangements exceeding $500 which are entered into between a public utility and its affiliates with the department.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2101.02 Scope {#sec-en-2101.02 omnilex-key=us-nh-regs-official--agency-en--En 2101.02}

En 2100 shall apply to public utilities as defined in En 2102.12.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

Part En 2102 Definitions

N.H. Code Admin. R. Ann. En 2102.01 Affiliate {#sec-en-2102.01 omnilex-key=us-nh-regs-official--agency-en--En 2102.01}

“Affiliate” means “affiliate” as defined in RSA 366:1, II.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.02 Commission {#sec-en-2102.02 omnilex-key=us-nh-regs-official--agency-en--En 2102.02}

“Commission” means the New Hampshire public utilities commission.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.03 Competitive affiliate {#sec-en-2102.03 omnilex-key=us-nh-regs-official--agency-en--En 2102.03}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.04 Competitive energy affiliate {#sec-en-2102.04 omnilex-key=us-nh-regs-official--agency-en--En 2102.04}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.05 Customer information {#sec-en-2102.05 omnilex-key=us-nh-regs-official--agency-en--En 2102.05}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.06 Department {#sec-en-2102.06 omnilex-key=us-nh-regs-official--agency-en--En 2102.06}

“Department” means the New Hampshire department of energy.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.07 Distribution system information {#sec-en-2102.07 omnilex-key=us-nh-regs-official--agency-en--En 2102.07}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.08 Non-affiliated competitor {#sec-en-2102.08 omnilex-key=us-nh-regs-official--agency-en--En 2102.08}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.09 Non-affiliated energy competitor {#sec-en-2102.09 omnilex-key=us-nh-regs-official--agency-en--En 2102.09}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.10 Substantial control {#sec-en-2102.10 omnilex-key=us-nh-regs-official--agency-en--En 2102.10}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.11 Utility {#sec-en-2102.11 omnilex-key=us-nh-regs-official--agency-en--En 2102.11}

“Utility” means every electric, gas, sewer, and water system or part thereof owned, operated, or managed by an individual or business entity determined to be a public utility under New Hampshire statutes, and every municipal authority furnishing any of the above services outside its municipal boundaries excluding those municipalities exempted from regulation by RSA 362:4.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2102.12 Utility employee {#sec-en-2102.12 omnilex-key=us-nh-regs-official--agency-en--En 2102.12}

“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

#14519, eff 2-26-26, EXPIRES: 2-26-36

Part En 2103 Regulatory Oversight

N.H. Code Admin. R. Ann. En 2103.01 Filing of Compliance Plan {#sec-en-2103.01 omnilex-key=us-nh-regs-official--agency-en--En 2103.01}

(a) Each utility shall file with the department a compliance plan that discloses its affiliates and demonstrates that there are adequate procedures and policies in place for complying with En 2103.01(d), En 2103.02, En 2103.03, and En 2103.04 and the Puc 2100 rules.

(b) Compliance plans shall be filed with the department by July 1 each year and updated as required by En 2103.04.

(d) The compliance plan shall include the following:

(1) Copies of all utility procedures and policies for complying with Puc 2100 and RSA 366;

(2) Identification of all affiliates with which the utility has a contract or arrangement that is subject to Puc 2100 or RSA 366, including contact information for all offices and officers of those affiliates;

(3) A description of the business purpose and nature of the business conducted by each affiliate disclosed pursuant to (2) above;

(4) Copies of all written contracts and arrangements, detailed descriptions of all unwritten contracts and arrangements, and any modifications thereof with each competitive affiliate disclosed pursuant to (2) above except under the circumstances that such copies have already been provided in accordance with (e) below and the utility has so indicated in its compliance filing;

(5) Corporate officer certifications required by Puc 2105.05(d);

(6) Employee transfer tracking information required by Puc 2105.06(a) and (b);

(7) Employee statements required by Puc 2105.06(l); and

(8) Corporate officer certifications required by En 2103.02.

(e) Each utility shall file, consistent with RSA 366:3, copies of all service contracts or arrangements which are written or detailed descriptions of all unwritten contracts or arrangements exceeding $500 as follows:

(1) No later than 10 business days after the execution of the contract or the arrangement having been entered into; and

(2) By electronic mail with the department at proceedings@energy.nh.gov.

(f) Any contract or arrangement not filed with the department or whose later filing is not approved pursuant to this section shall be subject to the provisions of RSA 366:4.

(g) In assessing whether to approve the late filing of a contract under En 2103.01(f), the department shall take into account:

(1) The nature, extent, and gravity of the late filing:

(2) The utility’s history of violations of RSA 366 and related rules of the department or commission;

(3) The good faith efforts, if any, of the utility to comply with the department’s filing requirements;

(4) The nature and degree of economic benefit gained by the utility or its affiliate;

(5) Deterrence of future violations; and

(6) Such other factors that are relevant and material to the particular circumstances.

(h) If a utility fails to provide the information required by En 2103 in the manner and time required, it shall be subject to the provisions of RSA 366:7 and the commission’s determination in disallowing payments as set forth at Puc 2106.01.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2103.02 Initial Certification of Officer {#sec-en-2103.02 omnilex-key=us-nh-regs-official--agency-en--En 2103.02}

In the compliance plan, a corporate officer from the utility and holding company with direct knowledge of the operations of the utility and its affiliates shall certify under penalty of false statement that:

(a) Such officer has reviewed the plan; and

(b) To the best of such officer’s knowledge and belief, the specific mechanisms, procedures, and policies in the plan are adequate to ensure that the utility is not using the holding company or any of its affiliates not covered by these rules or any unaffiliated entities as a means to circumvent any commission or department rule or RSA 366.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2103.03 Annual Certifications {#sec-en-2103.03 omnilex-key=us-nh-regs-official--agency-en--En 2103.03}

No later than July 1 of each year subsequent to filing its initial compliance plan, a utility shall:

(a) Certify that its compliance plan continues to meet the requirements of En 2103, Puc 2100, and RSA 366; and

(b) If necessary, file an updated compliance plan which meets the requirements of En 2103.04.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2103.04 Notification to Department and Updates to Compliance Plan {#sec-en-2103.04 omnilex-key=us-nh-regs-official--agency-en--En 2103.04}

(a) In addition to the requirements of En 2103, the utility shall notify the department of any new competitive energy affiliate within 10 business days of its acquisition or creation, as applicable.

(b) When notifying the department pursuant to (a) above, the utility shall provide the department with a description of the business purpose of the additional competitive energy affiliate.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2103.05 Compliance Audit {#sec-en-2103.05 omnilex-key=us-nh-regs-official--agency-en--En 2103.05}

On the department’s own motion or upon receipt of a complaint, in order to verify that the utility is in compliance with RSA 366 or related rules of the department or commission, the department shall, as warranted:

(a) Assign its staff to perform a review, investigation, or inquiry; and

(b) Petition the commission to open an adjudication.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

N.H. Code Admin. R. Ann. En 2103.06 Submission of Compliance Plans {#sec-en-2103.06 omnilex-key=us-nh-regs-official--agency-en--En 2103.06}

Each utility shall file a compliance plan in accordance with En 2103 by electronic mail to proceedings@energy.nh.gov.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

Part En 2104 Utility and Affiliate Books and Records

N.H. Code Admin. R. Ann. En 2104.01 Access by Department to Utility and Affiliate Books and Records {#sec-en-2104.01 omnilex-key=us-nh-regs-official--agency-en--En 2104.01}

The books and records of affiliates, including vouchers, memoranda, documents, letters, contracts, or other papers, shall be open during normal business hours for examination by the department and its staff with respect to transactions and other matters involving the relationship between the utility and its affiliates.

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

Part En 2105 List of Registered Electric Energy or Natural Gas Suppliers Maintained by the Department

N.H. Code Admin. R. Ann. En 2105.01 Utility’s Provision of List of Suppliers Registered with the Department to Customers {#sec-en-2105.01 omnilex-key=us-nh-regs-official--agency-en--En 2105.01}

If a customer requests information about any energy supplier, the utility shall provide the list of registered electric energy or natural gas suppliers, maintained by the department, including a disclaimer on behalf of the department stating that the department, in making the list available, does not guarantee or make any representation regarding the financial stability or service quality of the suppliers listed.

Appendix

Rule(s)

State Statute (RSA)

En 2101.01 – 2101.02

RSA 12-P:5, IV; RSA 366:1, II; RSA 365:6, 7; RSA 374:4

En 2102.01 – 2102.13

RSA 12-P:5, IV; RSA 366:1, II

En 2103.01 – 2103.05

RSA 12-P:5, IV; RSA 365:6, 7; RSA 366:3, RSA 366:4, RSA 366:7; RSA 366:9; RSA 374:4

En 2104

RSA 12-P:2, IV; RSA 12-P:5, IV

En 2105

RSA 374-F:4-b, II

History

#14519, eff 2-26-26, EXPIRES: 2-26-36

Chapter En 3000 Competitive Natural Gas Supplier and Aggregator Rules

Part En 3001 Purpose and Application of Rules

N.H. Code Admin. R. Ann. En 3001.01 Purpose {#sec-en-3001.01 omnilex-key=us-nh-regs-official--agency-en--En 3001.01}

The purpose of En 3000 is to establish requirements for the registration of competitive natural gas suppliers and aggregators, as defined below, with the department. En 3000 also establishes consumer protection requirements for such registered suppliers and aggregators. En 3005 pertains to enforcement provisions and procedures including the department’s petitions alleging sanctionable events and transfer of customer complaints against competitive natural gas suppliers and aggregators to the public utilities commission.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3001.02 Application of Rules {#sec-en-3001.02 omnilex-key=us-nh-regs-official--agency-en--En 3001.02}

(a) This chapter shall apply to competitive natural gas suppliers as defined in En 3002.07 and aggregators as defined in En 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 3002.13.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3001.03 Waiver of Rules {#sec-en-3001.03 omnilex-key=us-nh-regs-official--agency-en--En 3001.03}

The department shall waive the rules in this chapter in accordance with En 201.05.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

Part En 3002 Definitions

N.H. Code Admin. R. Ann. En 3002.01 Affiliate {#sec-en-3002.01 omnilex-key=us-nh-regs-official--agency-en--En 3002.01}

“Affiliate” means any of the following:

(b) Any person or entity that is directly or indirectly owned, controlled, or held by any person or entity described in (a) above in this section 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;

(d) Any person or entity who or which actually exercises effective control over the management, supervision, or operation of another person or entity.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.02 Aggregate {#sec-en-3002.02 omnilex-key=us-nh-regs-official--agency-en--En 3002.02}

“Aggregate” means to combine the natural gas loads of 2 or more customers or a single customer with multiple meters or multiple locations.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.03 Aggregator {#sec-en-3002.03 omnilex-key=us-nh-regs-official--agency-en--En 3002.03}

“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 the employee’s employer.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.04 Applicant {#sec-en-3002.04 omnilex-key=us-nh-regs-official--agency-en--En 3002.04}

“Applicant” means any person or entity who or which has filed an application for registration or renewal as a competitive natural gas supplier (CNGS) or aggregator with the department pursuant to En 3000.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.05 City gate {#sec-en-3002.05 omnilex-key=us-nh-regs-official--agency-en--En 3002.05}

“City gate” means the interconnection between a delivering pipeline and the distribution system of an LDC.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.06 Commission {#sec-en-3002.06 omnilex-key=us-nh-regs-official--agency-en--En 3002.06}

“Commission” means the New Hampshire public utilities commission.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.07 Competitive natural gas supplier {#sec-en-3002.07 omnilex-key=us-nh-regs-official--agency-en--En 3002.07}

“Competitive natural gas supplier” 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 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

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.08 Confidential customer information {#sec-en-3002.08 omnilex-key=us-nh-regs-official--agency-en--En 3002.08}

“Confidential customer information” means information that is collected as part of providing natural gas services to a customer that can identify, singly or in combination, that specific customer, and includes the customer’s 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

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.09 Customer {#sec-en-3002.09 omnilex-key=us-nh-regs-official--agency-en--En 3002.09}

“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

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.10 Delivery service {#sec-en-3002.10 omnilex-key=us-nh-regs-official--agency-en--En 3002.10}

“Delivery service” means the distribution of natural gas by an LDC from a city gate to a meter at a customer’s premises.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.11 Department {#sec-en-3002.11 omnilex-key=us-nh-regs-official--agency-en--En 3002.11}

“Department” means the New Hampshire department of energy.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.12 Investment grade credit rating {#sec-en-3002.12 omnilex-key=us-nh-regs-official--agency-en--En 3002.12}

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.13 LDC sales service {#sec-en-3002.13 omnilex-key=us-nh-regs-official--agency-en--En 3002.13}

“LDC sales service” means natural gas commodity service provided on a firm basis to a retail customer that is not receiving service from a CNGS, in accordance with the LDC’s retail natural gas services tariff.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.14 Local distribution company {#sec-en-3002.14 omnilex-key=us-nh-regs-official--agency-en--En 3002.14}

“Local distribution company” means a natural gas public utility regulated by the commission which operates a retail gas distribution system.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.15 Natural gas supplier service {#sec-en-3002.15 omnilex-key=us-nh-regs-official--agency-en--En 3002.15}

“Natural gas supplier service” means the sale of natural gas to a customer by a CNGS, but does not include any sale by the LDC itself.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.16 Natural gas supply offer {#sec-en-3002.16 omnilex-key=us-nh-regs-official--agency-en--En 3002.16}

“Natural gas supply offer” means a solicitation by a CNGS to sell natural gas or a solicitation by an aggregator to arrange for or facilitate the purchase of natural gas by a customer.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.17 Principals {#sec-en-3002.17 omnilex-key=us-nh-regs-official--agency-en--En 3002.17}

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.18 Sanctionable event {#sec-en-3002.18 omnilex-key=us-nh-regs-official--agency-en--En 3002.18}

“Sanctionable event” means a CNGS or aggregator has:

(1) Violated any provision of the rules included in this chapter;

(2) Violated the requirements of RSA 12-P:15 or any 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

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3002.19 Slamming {#sec-en-3002.19 omnilex-key=us-nh-regs-official--agency-en--En 3002.19}

“Slamming” means the initiation of the transfer of a customer to a new CNGS or aggregator without the customer’s authorization.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

Part En 3003 Registration and Reporting Requirements

N.H. Code Admin. R. Ann. En 3003.01 Initial Registration of Competitive Natural Gas Suppliers {#sec-en-3003.01 omnilex-key=us-nh-regs-official--agency-en--En 3003.01}

(a) Any person or entity seeking to sell natural gas to customers in the state of New Hampshire shall complete the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026, available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department. The applicant shall provide the following information in addition to the completed form:

(1) As a separate attachment, evidence of the applicant’s authorization to do business in New Hampshire (NH) from the NH secretary of state, if anything other than an individual, by submitting either:

a. A recent printout of the applicant’s listing on the NH secretary of state’s website with the status “In Good Standing” or words of similar import, or

b. A copy of a certificate from the NH secretary of state’s office stating that the applicant is authorized to do business in New Hampshire;

(2) As a separate attachment, evidence of the applicant’s registration of the trade name, if any, to be used by the applicant in New Hampshire from the NH secretary of state by submitting either:

a. A recent printout of the applicant’s trade name on the NH secretary of state’s website with the status “Active” and indicating that the trade name is owned by the applicant, or

b. A copy of a certificate from the NH secretary of state’s office indicating that the applicant has registered as doing business under a trade name;

(3) If answering “yes” to the questions posed at number 16, 17, 18 and 19 regarding civil, criminal, or regulatory proceedings, sanctions, convictions, and settlements, provide a detailed explanation of the occurrence and the related circumstances;

(4) If answering “yes” to the question posed at number 20, regarding whether the applicant or any of its principals have been denied authorization to provide competitive natural gas supply service or natural gas aggregation service in any other state or jurisdiction, provide a detailed explanation of the occurrence and the related circumstances;

(5) If answering “yes” to the question posed at number 22 regarding the applicant’s intent to conduct telemarketing, indicate “yes” or “no” in answer to the following statements relative to the applicant’s intentions:

a. Whether the applicant intends to maintain a list of customers who request being placed on the applicant’s do-not-call list for the purposes of telemarketing,

b. Whether the applicant intends to obtain monthly updated do-not-call lists from the National Do Not Call Registry; and

c. Whether the applicant intends to initiate calls to New Hampshire customers who have either requested being placed on the applicant’s do-not-call list(s) or customers who are listed on the National Do Not Call Registry;

(6) If answering “no” to the question posed at number 26 regarding whether the applicant intends to use the LDC’s billing service, the applicant shall provide a sample of the bill form(s) the applicant intends to use as a separate attachment;

(7) A copy of any customer contract forms or representative samples of contracts the applicant intends to use, including any schedules or other documentation attached to, incorporated into, or referenced in such contracts;

(8) If answering “yes” to the question posed at number 30 regarding whether the applicant has agreements with aggregators to provide service in NH, the applicant shall provide a statement that the applicant has verified the registration of any aggregator with which it has any agreements to provide service to New Hampshire customers, prior to entering into such agreements; and

(9) An original executed financial security instrument that meets the requirements of En 3003.03.

(b) Each application shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the CNGS and attesting that its contents are truthful, accurate, and complete.

(c) No person or entity shall sell, or offer to sell by means of mass media marketing or otherwise, natural gas to any customer until the person or entity has completed all aspects of the registration process required by En 3003, and has had its registration approved in accordance with En 3003.01(e).

(d) Each applicant shall provide the following with its application:

(2) A $250.00 registration fee, with payment submitted to the department.

(e) The department shall reject the application when information required to complete a CNGS application is not provided by the applicant within 60 days of request for such information.

(f) Unless an application for CNGS registration is incomplete, does not meet the application requirements, requires a waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing, which approval shall be issued by the commissioner or the commissioner’s designee; or

(2) The application shall be denied in writing.

(g) The department shall deny a CNGS application if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a false statement of material fact in the application; or

(4) Been the subject of consumer complaints in other states in such number and of such types as establishes a pattern demonstrating engagement in one or more of the following:

a. Misleading or deceptive marketing or sales practices;

b. Inaccurate billing when billed by the CNGS;

c. Fraud;

d. Slamming; or

e. Other practices found by the department to be harmful or potentially harmful to customers.

(h) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(i) An approved CNGS registration shall be valid for a period of 5 years.

(j) If an application is rejected, the application fee shall be forfeited and the applicant shall be required to submit a new application and fee prior to acting as a CNGS in New Hampshire.

(k) An applicant shall submit with its application proof that it has notified any LDC in whose service territory it intends to conduct business as a CNGS of the filing of its application for registration at the time it files the application with the department.

(l) Each CNGS shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026. The CNGS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

(m) If a CNGS fails to comply with the requirements of this chapter, the department shall determine whether to charge against the CNGS’s financial security subject to the priority set forth in En 3003.03(b).

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.02 Renewal Registration of Competitive Natural Gas Suppliers {#sec-en-3003.02 omnilex-key=us-nh-regs-official--agency-en--En 3003.02}

(a) Each registered CNGS shall renew its registration with the department every 5 years by:

(1) Completing and submitting an application for renewal registration using the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department; and

(2) Filing the original executed financial security instrument as specified in En 3003.03 with the department, unless the financial security instrument previously filed with the department will remain in effect during the entire renewal term.

(b) Each application for renewal shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the CNGS and attesting that its contents are truthful, accurate, and complete.

(c) Each application for renewal shall be submitted no less than 60 days and no more than 120 days prior to the expiration of the CNGS’s currently effective registration. If a CNGS fails to renew its registration, the registration shall expire by its terms.

(d) The department shall reject an application for renewal when information required to complete the CNGS registration renewal application is not provided within 60 days of the request for such information.

(e) Unless a CNGS application for renewal is incomplete, does not meet the application requirements, requires a rule waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application for renewal shall be approved in writing, by the commissioner of the department or the commissioner’s designee; or

(2) The application for renewal shall be denied in writing.

(f) The department shall deny a CNGS application for renewal if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in New Hampshire or other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a false statement of material fact in the renewal application;

(4) Been the subject of substantiated consumer complaints in New Hampshire or other states in such number and of such types as establishes a pattern demonstrating engagement in one or more of the following:

a. Misleading or deceptive marketing or sales practices;

b. Inaccurate billing;

c. Fraud;

d. Slamming; or

e. Other practices found by the department to be harmful or potentially harmful to customers; or

(5) Had its registration suspended or revoked pursuant to Puc 3003 and has not:

a. Demonstrated its ability to avoid a similar sanctionable event; and

b. Paid all applicable fines and complied fully with any department order issued as a result of a sanctionable event.

(g) In the event that the department denies an application for registration renewal, the applicant may, within 30 days, file a request for reconsideration with the department.

(h) A renewed CNGS registration shall be valid for a period of 5 years.

(i) If an application is rejected, the applicant shall be required to submit a new application and fee prior to acting as a CNGS in New Hampshire.

(j) Each CNGS shall notify the department of any changes to the information required to be submitted pursuant to this section and “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026. The CNGS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

(k) If a CNGS fails to comply with the requirements or obligations of this chapter, the department shall determine whether to charge against the CNGS’s financial security subject to the priority set forth in En 3003.03(b).

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.03 Financial Security Requirements of Competitive Natural Gas Suppliers {#sec-en-3003.03 omnilex-key=us-nh-regs-official--agency-en--En 3003.03}

(a) The financial security instrument required by En 3003.01(a)(9) or En 3003.02(a)(2), if applicable, shall:

(1) Be in the form of:

a. An irrevocable standby letter of credit issued by a bank with assets of at least $1 billion and presentable at a U.S. office of such bank;

c. An unconditional guaranty of payment executed by the parent company or other affiliate of the CNGS, if:

The parent company or affiliate has and maintains an investment grade credit rating;
The agreement specifies that it is governed by, and construed in accordance with, the laws of the state of New Hampshire regardless of any choice of law provisions; and
The guarantor and CNGS submit to the sole jurisdiction of the state of New Hampshire Merrimack Superior Court;

(2) Be in an amount equal to the greater of:

a. One hundred thousand dollars;

b. The estimated annual aggregated gas usage of all customers served by the CNGS in New Hampshire multiplied by the same month’s Tennessee Gas Pipeline Zone 6 monthly index, for a CNGS’s first year of operation; or

c. The actual annual month’s aggregated gas usage of all customers served by the CNGS in New Hampshire multiplied by the same month’s Tennessee Gas Pipeline Zone 6 monthly index, for any year after the CNGS’s first year of operation;

(3) Not exceed $500,000.00, notwithstanding (a)(2) above in this section;

(4) Name the department as beneficiary, obligee, or guaranteed party, as applicable, provided that, for any financial security instrument issued prior to the 2025 effective date of this chapter, the commission may be named as the beneficiary, obligee, or guaranteed party, as applicable, but only until the CNGS next renews its registration, at which time the instrument shall name the department, even if the instrument is continuous;

(5) Have an effective term of not less than 12 months with a 6-month extended claim, draw, or demand period;

(6) Have no right of cancellation during the initial effective term of the financial security instrument; and

(7) Be adjusted annually even if bond is continuous, if based upon natural gas usage or estimated usage, under (a)(2)b. or (a)(2)c. above in this section. The CNGS shall report its monthly and annual usage for the prior year ending March 31, as used to determine the amount of financial security, on or before May 31 of each year.

(b) The department shall make a claim under, or pursue an action against, financial security instruments for the following purposes and in the following order of payment priority:

(1) Customer complaint reparations, ordered by the commission pursuant to Puc 3003 following notice and hearing and remaining unpaid by the CNGS after 30 days;

(2) Costs incurred as necessary to ensure continuous service to a CNGS’s customers through LDC sales service or another CNGS after 30 days;

(3) Fines or sanctions for violation of applicable laws or rules, assessed by the commission pursuant to Puc 3003 following notice and hearing and remaining unpaid by the CNGS after 30 days; and

(4) Department annual assessment remaining unpaid by the CNGS on June 1 of any calendar year, in the absence of exemption or good faith objection.

(d) In the event the department draws on a financial security instrument pursuant to (b) above in this section, the CNGS shall replenish the financial security instrument to the full amount required by (a)(2) and (a)(3) above in this section within the timeframe specified by the department in writing.

(e) If the financial security instrument provided by a CNGS to the department in connection with its original or any renewal registration will not be renewed or extended beyond its expiration date, the CNGS shall:

(1) Provide written notice to the department of such non-renewal or non-extension not less than 60 days prior to the expiration date; and

(2) File with the department a replacement financial security instrument meeting the requirements of (a) above in this section no less than 30 days prior to the expiration date.

(f) A CNGS that fails to comply with the requirement to file a replacement financial security instrument under (e)(2) above in this section shall be subject to fines, suspension, or revocation pursuant to commission action taken under Puc 3003.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.04 Reporting Requirements of Competitive Natural Gas Suppliers {#sec-en-3003.04 omnilex-key=us-nh-regs-official--agency-en--En 3003.04}

(a) Each CNGS shall file one original, one paper copy, and one electronic copy with the department, annually, by no later than March 1 of each year, a report of its sales in the prior calendar.

(b) The report required by (a) above in this section shall include:

(1) The name of and responsible reporting agent for the CNGS;

(2) The date of the report;

(3) The year covered in the report;

(4) The number of New Hampshire customers, by rate class, by month, with annual totals; and

(5) Sales volumes to New Hampshire customers, in dekatherm units, by rate class, by month, with annual totals.

(c) With each application for renewal, each CNGS shall file, on a confidential basis, a report listing any aggregators currently using the CNGS to provide service to New Hampshire customers, and the number of customers served by each listed aggregator.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.05 Initial Registration of Natural Gas Aggregators {#sec-en-3003.05 omnilex-key=us-nh-regs-official--agency-en--En 3003.05}

(a) Any person or entity seeking to provide aggregation services to customers shall register with the department prior to providing such services. No aggregator shall enroll customers, or arrange to sell to or contract with customers, or solicit specific customers for such purposes, until such aggregator has completed all aspects of the registration process required by this chapter.

(b) An applicant seeking to register as an aggregator shall complete the “Application for Natural Gas Aggregation Form,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and file one original, one paper copy, and one electronic copy with the department. The applicant shall provide the following information in addition to the completed form:

(1) As a separate attachment, evidence of the applicant’s authorization to do business in New Hampshire from the New Hampshire secretary of state by submitting either:

a. A recent printout of the applicant’s listing on the NH secretary of state’s website with the status “In Good Standing” or words of similar import, or

b. A copy of a certificate from the NH secretary of state’s office stating that the applicant is authorized to do business in New Hampshire.

(2) As a separate attachment, evidence of the applicant’s registration of the trade name, if any, to be used by the applicant in NH from the New Hampshire secretary of state by submitting either:

a. A recent printout of the applicant’s trade name on the NH secretary of state’s website with the status “Active” and indicating that the trade name is owned by the applicant, or

b. A copy of a certificate from the NH secretary of state’s office indicating that the applicant has registered as doing business under the trade name;

(3) If answering “yes” to the questions posed at number 11, 12, 13, and 14, regarding civil, criminal, or regulatory proceedings, sanctions, convictions, and settlements, provide a detailed explanation of the occurrence and the related circumstances; and

(4) If answering “yes” to the question posed at number 15, regarding whether applicant or any of its principals have been denied authorization to provide competitive natural gas supply service or natural gas aggregation service in any other state or jurisdiction, provide a detailed explanation of the occurrence and the related circumstances.

(c) Each application shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the natural gas aggregator and attesting that its contents are truthful, accurate, and complete.

(d) The applicant seeking to register as an aggregator shall pay the application fee of $250 to the department by submitting payment with the registration to the department.

(e) The department shall reject an application for aggregator registration when information required to complete such application is not provided within 60 days of request for such information.

(f) Unless an application for aggregator registration is incomplete, does not meet the application requirements, requires a waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing by the commissioner of the department or the commissioner’s designee,

(2) The application shall be denied in writing.

(g) The department shall deny an application for aggregator registration if it determines that the applicant or any of the applicant’s principals or affiliates has:

(1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the department determines that it is not in the public good to allow registration;

(3) Knowingly made a material false statement of fact in the application.

(h) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(i) The application fee shall be forfeited for aggregator applications which are rejected.

(j) A new application fee pursuant to (d) above in this section shall apply to submission of an aggregator application which has previously been rejected.

(k) An approved initial aggregator registration shall be valid for a period of 2 years.

(l) Each aggregator shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026. The aggregator shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.06 Renewal Registration of Natural Gas Aggregators {#sec-en-3003.06 omnilex-key=us-nh-regs-official--agency-en--En 3003.06}

(a) Each registered aggregator shall renew its registration with the department after the initial 2-year period, and after any 2-year renewal period as applicable by completing an application for renewal registration using the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026 available at the department’s website at https://www.energy.nh.gov/utilities-providers/supplier-aggregator-registration and submitting to the department one original, one paper copy, and one electronic copy of the form no less than 60 days and no more than 120 days prior to the expiration of the aggregator’s currently effective registration.

(b) The aggregator shall include in each application for renewal registration the information and signature as specified in “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026, and shall note any changes to the information contained in the aggregator’s most recent previous application.

(c) Each renewal application shall be signed by the applicant or its authorized representative certifying that the applicant has the authority to file the application on behalf of the aggregator and attesting that its contests are truthful, accurate, and complete.

(d) An aggregator renewing its registration, and not having paid an assessment for the fiscal year preceding such renewal, shall include with its application for aggregator registration a renewal fee of $125.00 payable to the department and submitted with their renewal registration .

(e) An aggregator renewing its registration, and having paid an assessment for the fiscal year preceding such renewal, shall not be required to pay a renewal fee.

(f) Unless an application for aggregator registration renewal is incomplete, does not meet the application requirements, requires a waiver that has not been granted, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application:

(1) The application shall be approved in writing by the commissioner or the commissioner’s designee; or

(2) The application shall be denied in writing.

(g) The department shall deny an aggregator application for renewal if it determines that the applicant or any of the applicant’s principals or affiliates has:

a. Misleading or deceptive marketing or sales practices;

b. Fraud;

c. Slamming; or

d. Other practices found by the department to be harmful or potentially harmful to customers;

(3) Knowingly made a false statement of material fact in the renewal application; or

(4) Had its registration suspended or revoked pursuant to Puc 3003 based on the occurrence of a sanctionable event and has not:

a. Demonstrated its ability to avoid a similar sanctionable event; and

b. Paid all applicable fines and complied fully with any commission order issued as a result of the sanctionable event.

(h) In the event that the department denies an application for registration, the applicant may, within 30 days, file a request for reconsideration with the department.

(i) A renewed aggregator registration, approved by the department, shall be valid for a period of 2 years from the effective date of approval.

(j) Each aggregator shall notify the department of any changes to the information required to be submitted pursuant to this section and the “Application For Registration as a Competitive Natural Gas Supplier Form,” dated 5/2026. The aggregator shall provide such notification in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.07 Assessment {#sec-en-3003.07 omnilex-key=us-nh-regs-official--agency-en--En 3003.07}

(a) Each CNGS that is registered as of July 1 of any year shall be billed for a $10,000 assessment, unless an exemption claim containing the information specified in the “CNGS Assessment Exemption Claim Form,” dated 5/2026 is submitted by the CNGS to the department no earlier than July 1 and no later July 30 of the same year.

(b) Each aggregator that is registered as of July 1 of any year shall be assessed $2,000, unless an exemption claim containing the information specified in the “Gas Aggregator Assessment Exemption Claim Form,” dated 5/2026 is submitted by the aggregator to the department no earlier than July 1 and no later than July 30 of the same year.

(c) Annually, a CNGS or an aggregator earning less than $10,000 in gross revenue in New Hampshire during the most recent calendar year, from January 1 through December 31, shall complete, sign, and submit one electronic copy of the “CNGS Assessment Exemption Claim Form,” dated 5/2026 or “Gas Aggregator Assessment Exemption Claim Form,” dated 5/2026, or the CNGS or aggregator shall be assessed the amount specified in (a) or (b) above in this section.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3003.08 Withdrawal of Registration {#sec-en-3003.08 omnilex-key=us-nh-regs-official--agency-en--En 3003.08}

(a) A CNGS which no longer sells natural gas to customers in New Hampshire shall request withdrawal of its registration in order to be released from its financial security obligation and subsequent assessment by filing a letter with the department confirming that the CNGS has:

(1) Served no customers for the past 120 days; and

(2) Complied with the applicable provisions of En 3004.04 through En 3004.06.

(b) An aggregator which no longer serves customers in New Hampshire shall request withdrawal of its registration to avoid subsequent assessment by:

(1) Filing a letter with the department; and

(c) The department shall approve withdrawal of registration of a CNGS or aggregator if there are no pending customer complaints against the CNGS or aggregator requesting withdrawal.

(d) If there are pending customer complaints against the CNGS or aggregator requesting withdrawal of registration, the department shall approve the withdrawal after the complaints are resolved.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

Part En 3004 Consumer Protection Requirements

N.H. Code Admin. R. Ann. En 3004.01 Applicability {#sec-en-3004.01 omnilex-key=us-nh-regs-official--agency-en--En 3004.01}

(a) Except as specified herein, each CNGS who sells natural gas either directly or indirectly shall comply with the terms of service provisions that are described in the disclosure statement set forth in En 3004.02.

(b) Except as noted, all consumer protection provisions in this chapter apply to any CNGS or aggregator operating in New Hampshire.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.02 Provision of Information to Customers by Competitive Natural Gas Suppliers {#sec-en-3004.02 omnilex-key=us-nh-regs-official--agency-en--En 3004.02}

(a) Each CNGS shall provide to each of its customers a written statement regarding terms of service within 3 business days of entering into an agreement to sell natural gas.

(b) Each CNGS shall include in the written statement disclosing the terms of service required by (a) above in this section the following:

(1) The name, business address, telephone number, toll free telephone number, if available, and email address of the CNGS;

(2) All fixed and variable prices of the service being offered to the customer, including an explanation of any variable price and the circumstances that would cause the price to vary;

(3) The due date of bill payments and the consequences of late payments, including the amount of any late payment fee or the interest or finance charge assessed for late payments;

(4) The duration of the CNGS’s commitment for price, terms, and conditions;

(5) A statement that the CNGS’s price does not include other costs, including, but not limited to, the price of natural gas transportation and distribution;

(6) The duration of the customer’s commitment to purchase from the CNGS, including a statement that the customer has a right to change its CNGS, subject to the terms of the commitment;

(7) Any fees payable to the CNGS for early termination of the natural gas supply agreement by the customer;

(8) Any other fees, penalties, or charges for which the customer would be responsible;

(9) An explanation of how the customer will be billed for natural gas supplier service and the name, address, and telephone number of the CNGS’s billing agent, if any;

(10) A description of the CNGS’s dispute resolution process available to the customer;

(11) The toll free telephone number of the department’s consumer services division and a statement that customers may contact the department if they have any questions about their rights and responsibilities;

(12) Deposit requirements, if any, and the rate of interest paid on any required deposits;

(13) A statement that, by accepting the terms of service, the customer affirmatively consents to the LDC sharing billing and payment information with the CNGS, including the customer’s participation in any budget billing or extended payment arrangements; and

(14) A statement that the CNGS shall not release confidential customer information, except as otherwise permitted under En 3004.11, without written authorization from the customer, and a description of confidential customer information and any other information considered confidential by the CNGS.

(c) The disclosure statement required by this section shall be written in plain language, and be legibly typed or printed in a font size no smaller than 12 point.

(d) A CNGS shall not rely on an aggregator to satisfy any of its obligations required by this chapter unless:

(1) The CNGS has a written agreement with an aggregator specifying that the aggregator accepts the obligations of the CNGS pursuant to this chapter;

(2) The CNGS agrees to provide a copy of the written agreement pursuant to (d)(1) above in this section at the department’s request; and

(3) The CNGS accepts all financial responsibility for any remedies or damages as a result of the aggregator’s failure to satisfy the CNGS’ obligations pursuant to this chapter.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.03 Telephone Solicitation of Customers {#sec-en-3004.03 omnilex-key=us-nh-regs-official--agency-en--En 3004.03}

A CNGS or aggregator, or its representative, shall not while soliciting by telephone:

(a) Initiate any telephone call to any of the following:

(1) An emergency telephone line, including any 911 line or any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

(2) The telephone line of any guest room or patient room of a hospital, health care facility, home for the elderly, or similar type of establishment;

(3) A telephone number assigned to a paging service, specialized mobile radio service, or other radio common carrier service, or any other service for which the called party is charged for the call; or

(4) A telephone number assigned to a cellular telephone service, unless the call is directly placed to the number and not initiated using an automatic telephone dialing system;

(b) Use any device to send an unsolicited advertisement to a telephone facsimile machine;

(d) Initiate any telephone solicitation to a customer or potential customer before 8:00 a.m. or after 9:00 p.m. eastern time; or

(e) Initiate any telephone solicitation to a customer or potential customer before 11:00 a.m. or after 8:00 p.m. on Sunday or on any state or federal holiday.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.04 Transfer of Service by Competitive Natural Gas Suppliers {#sec-en-3004.04 omnilex-key=us-nh-regs-official--agency-en--En 3004.04}

(a) A CNGS shall not submit a change on behalf of a customer in the customer’s selection of a natural gas supplier without first obtaining authorization from the customer through one of the following means:

(1) The customer’s written authorization in a form that meets the requirements of (f) below in this section; or

(2) Verbal authorization from the customer as described in (c), (d), and (e) below in this section and which is made in the same language as the underlying solicitation made to the customer.

(b) Each CNGS shall maintain records of verification of customer authorization for a minimum period of 2 years after obtaining the verification.

(1) Is not owned, affiliated, managed, controlled, or directed by the CNGS or any marketing representative involved in the transaction;

(2) Has no financial incentive to confirm CNGS change orders for the CNGS or the CNGS’s marketing representative;

(3) Obtains the customer’s consent, as required by RSA 570-A:2, I and RSA 570-A:2, I-a to the tape recording of the customer’s authorization for a change in service; and

(4) Operates in a location physically separate from the CNGS and from the CNGS’s marketing representative.

(d) The CNGS shall disclose to the department the name, telephone number, and email address of the person or entity acting as a third party verifier for purposes of (c) above in this section.

(e) Verbal authorization verified by the independent third party shall consist of the following:

(1) A statement, made by the customer, providing the customer’s name;

(2) Confirmation that the caller is the customer authorized to request the CNGS change;

(3) Confirmation that the customer wants to make the change in CNGS for the applicable service location;

(4) The name of the customer’s current natural gas supplier for that service location;

(5) The name of the CNGS the customer wishes to select; and

(6) The service location and account number or meter number that the customer wishes to switch to the new CNGS.

(f) The written authorization referenced in (a)(1) above in this section shall:

(1) Not be combined with other materials sent to the customer, including, but not limited to, checks or other inducements to change service;

(2) Be a separate plainly identifiable document, whether provided in tangible form, by electronic mail, or through a secure customer portal or other electronic online enrollment process;

(3) Contain the customer’s billing name and address;

(4) Contain the account number(s) to be covered by the request for change in CNGS;

(5) Contain the service location and account number or meter number that is being changed to a new CNGS;

(6) Contain a statement that the customer is changing from the customer’s current natural gas supplier to the new CNGS in which each supplier is identified by name;

(7) Be signed by the customer, which signature may be in electronic form; and

(8) Be written in plain language, and be legibly typed or printed in a font size no smaller than 12 point.

(g) When a customer’s request for a change in CNGS is received over the telephone or by verbal request, the CNGS shall mail an information package to the customer within 3 business days of the customer’s request.

(h) The information package described in (g) above in this section shall include:

(1) A statement that the information is being sent to confirm the telephone order or verbal request;

(2) The name, address, and telephone number of the newly-requested CNGS; and

(3) The disclosure statement required pursuant to En 3004.02.

(i) Upon receipt of valid authorization from a customer, the CNGS shall notify the applicable LDC electronically or by other means, as required by the LDC, of the customer’s request to switch service to the CNGS.

(j) No CNGS customer enrollment shall be deemed to have been consented to or deemed a valid request for service authorizing the CNGS to enroll the customer unless authorization has been obtained from the customer as required under this section. A CNGS shall provide the department with proof of valid customer authorization whenever requested by the department.

(k) A CNGS who fails to obtain customer authorization in accordance with this section and initiates a customer change in service with the LDC shall:

(1) Be liable for all charges billed to the customer by the LDC or any other party arising from the change in service;

(2) Be liable for all charges for supply it billed to the customer; and

(3) Be subject to the penalty and other enforcement provisions of Puc 3003.

(l) If a CNGS proposes to transfer or sell the right to serve any customer of the CNGS, or if the ultimate control of a CNGS is proposed to be transferred or sold as a result of a change of ownership of a majority of the ownership interests in such CNGS or in any entity owning, either directly or indirectly, the ownership interests in the CNGS, then prior to such proposed transfer or sale the CNGS shall:

(1) Provide notice to each affected customer pursuant to (m) below, as follows:

a. With the customer’s billing statement;

b. By the original CNGS, not the proposed transferee or purchaser; and

c. Separately from promotional materials relating to services proposed to be provided by the proposed transferee or purchaser;

(2) Provide a copy of such notice to the department and the LDC on whose system any such customers are served at the same time notice is sent to affected customers; and

(3) Ensure that the entity to which the customers will be transferred is registered as a CNGS pursuant to En 3003, if not already so registered.

(m) Not less than 30 days prior to the effective date of any transfer or sale described in (l)(l) above in this section, the CNGS proposing such transfer or sale shall provide clear and conspicuous written notice to each affected customer which includes:

(1) A brief description of the nature of the proposed transaction and the effective date of the proposed transaction;

(2) A statement that the customer may elect to terminate service from the CNGS and either enroll with a different CNGS or receive LDC sales service if such election is made within the timeframe established by the LDC’s tariff, but only if:

a. The customer’s contract with the CNGS provides the customer with the right to elect an alternate supplier or to terminate the contract with the CNGS and purchase supply from an LDC; or

b. The customer does not have a contract with the CNGS for a term that extends beyond the date of the proposed transaction;

(3) Notice of the latest date by which the customer, or a new CNGS supplying the customer, must notify the LDC of its election to receive LDC sales service or be supplied by the new CNGS, unless such change is not permitted under the customer’s contract with the existing CNGS;

(4) Notice to any customer not previously subject to capacity assignment that, if the customer elects to take LDC sales service, the customer will become subject to capacity assignment if the customer later elects to purchase gas from a CNGS;

(5) Notice that if the customer is eligible to select an alternate CNGS or to purchase LDC sales service but fails to do so in the time provided, the customer will either be assigned to the proposed transferee or purchaser or remain with the existing CNGS, depending on the nature of the proposed transaction;

(6) The information required by En 3004.02(b) regarding the proposed transferee or purchaser;

(7) Notice of the amount of any charge that the customer will incur if it changes from its existing CNGS, whether to a new CNGS or to LDC sales service, in accordance with (m)(2) above in this section;

(8) Notice that if consummation of the transaction described in (m)(1) above in this section results in a charge by an LDC for a change in the identity of the customer’s CNGS, the customer will not be liable for any such charge; and

(9) A clear statement of the information in (m)(9)a. or (m)(9)b. below in this section, if the customer does not have a contract with the CNGS for a term that extends beyond the effective date of the proposed transaction:

a. Any differences between the rates, terms, and conditions of service provided to the customer by the CNGS and the rates, terms, and conditions of service to be provided to the customer by the proposed transferee or purchaser; or

b. Confirmation that the rates, terms, and conditions of service of the CNGS and the proposed transferee or purchaser are the same.

(n) If a CNGS undergoes any transaction described in (l) above in this section, then within 60 days of receipt of information from an LDC regarding the customer’s gas usage, the CNGS shall bill the customer for any amounts due or refund any amounts owed to the customer.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.05 CNGS Voluntary Discontinuance of Service {#sec-en-3004.05 omnilex-key=us-nh-regs-official--agency-en--En 3004.05}

(a) Any CNGS that intends to cease selling natural gas to all customers or to any class of customers within the state, does not intend to transfer or sell its customer base pursuant to En 3004.04, and is not subject to any event as described in En 3004.06, shall prior to discontinuing such service:

(1) Provide no less than 60 days written notice to any affected LDC and to the department, which notice shall include the following:

a. The date the CNGS intends to cease selling natural gas to all customers or to any class of customers within the state; and

b. A detailed plan for transfer of any customers it will no longer serve to LDC sales service; and

(2) Provide to each affected customer no less than 45 days and no more than 60 days prior to the start of the customer’s next billing cycle:

a. Written notice of the date on which the CNGS intends to cease service to the customer; and

b. The date by which the customer must select an alternate CNGS or be transitioned to LDC sales service.

(b) When a CNGS discontinues service pursuant to (a) above in this section, the CNGS shall:

(1) Ensure that customers who choose an alternate CNGS are not inadvertently switched to LDC sales service; and

(2) Refund any outstanding deposits or prepayments within 30 days of the final bill containing charges for service provided by the CNGS to the affected customers.

(c) Upon notification pursuant to (a)(1) above in this section that a CNGS will discontinue service to all customers within the state, the department shall:

(1) Suspend the CNGS’s registration for 120 days from the date the CNGS:

a. Notifies the department it has no customers within the state; or

b. Ceases to provide service to all customers within the state; and

(2) After the 120 days specified in (c)(1) above in this section:

a. Terminate the CNGS’s registration, if there are no unresolved consumer complaints; or

b. Extend suspension of the CNGS’s registration for an additional 90 days while the remaining consumer complaints are resolved.

(d) A CNGS that has discontinued service to all customers within the state shall maintain adequate financial security as required by En 3003.03 during the period its registration is suspended pursuant to (c) above in this section.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.06 Transfer of Customers Resulting from Unexpected Cessation of CNGS Service {#sec-en-3004.06 omnilex-key=us-nh-regs-official--agency-en--En 3004.06}

(a) If an event occurs that causes a CNGS to be unable to provide service to its customers within the state, the CNGS shall:

(1) Provide immediate notice to the department and to the LDC describing the event and the effective time of the inability to provide service;

(2) Provide immediate notice to all customers describing the event and the effective time of the inability to provide service;

(3) Provide a copy of the notice sent to customers required in (a)(2) above in this section to the department at the time it is delivered to customers;

(4) Reimburse the LDC at its filed and approved tariffed rate for transferring the CNGS’s customers to LDC sales service;

(5) Refund any outstanding deposits or prepayments to customers within 30 days of the event which caused the CNGS to be unable to provide natural gas to its customers within the state; and

(6) Pay reparations for customer losses if so ordered by the commission following a proceeding conducted in accordance with Puc 3003.

(b) Upon notification pursuant to (a)(1) above in this section, the department shall suspend the CNGS’s registration for 60 days from the date of the event which caused the CNGS to be unable to provide natural gas to its customers within the state.

(c) The department shall restore the registration if within 60 days of suspension pursuant to (b) above in this section the CNGS demonstrates:

(1) Proof of financial capitalization;

(2) Financial security is retained or obtained pursuant to En 3003.03;

(3) All pending consumer complaints are resolved; and

(4) Financial obligations resulting from (a) above in this section have been met.

(d) The department shall terminate the CNGS’s registration after 60 days of suspension if the requirements in (c)(1)-(4) above in this section are not satisfied.

(f) The CNGS shall maintain adequate financial security as required by En 3003.03 during the period its registration is suspended pursuant to (b) above in this section, and as extended pursuant to (e) above in this section.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.07 Department Action When Necessary to Maintain Continuous Service {#sec-en-3004.07 omnilex-key=us-nh-regs-official--agency-en--En 3004.07}

(a) In the event a CNGS does not make adequate provisions for transfers of affected customers to LDC sales service or to another CNGS pursuant to En 3004.05 or En 3004.06, or pursuant to an order issued by the commission under Puc 3003.03 or Puc 3003.04, the department shall:

(1) Direct the affected LDC or LDCs to immediately take steps to transfer the CNGS’s affected customers to LDC sales service as soon as possible; and

(2) Direct the bank, surety, or guarantor providing the CNGS’s financial security to pay to the department an amount of that financial security determined to be necessary to ensure continuous service to customers through LDC sales service or another CNGS.

(b) If the department determines that a CNGS has not complied with the provisions for discontinuance of service or for a successor natural gas supplier pursuant to En 3004.05 or En 3004.06, then, in addition to any action the commission may take pursuant to Puc 3003, the department shall order notice be given by the CNGS to affected customers clarifying the customers’ rights and obligations.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.08 Bill Disclosure Information {#sec-en-3004.08 omnilex-key=us-nh-regs-official--agency-en--En 3004.08}

(a) The CNGS shall include on any bills it issues or which are issued on its behalf, the following information:

(1) The starting and ending date of the billing period;

(2) Any fixed monthly charges;

(3) The price structure for natural gas therm usage and all other applicable billing determinants;

(4) The total number of therms used during the billing period;

(5) For those CNGSs providing separate bills, a statement that the customer’s meter readings are available on the LDC’s bill;

(6) Any applicable penalty date, including, but not limited to, penalties for late payments, and the related penalty amount;

(7) Any other factors necessary to compute the charges;

(8) An itemized breakdown of the charges, including any late fee, penalty, or aggregation fee, if applicable, and the name of the company or other entity assessing the charge;

(9) The telephone number, email address, and toll-free telephone number, if available, of the CNGS’s customer service department or customer service contact person;

(10) A statement that the customer has the right to file a complaint with the department after the customer has attempted to resolve the dispute with the CNGS; and

(11) The toll-free telephone number of the department’s consumer services division.

(b) Upon request of a customer, the CNGS shall provide the customer with a clear and concise statement of the customer’s actual consumption for each billing period during the prior year or the months in which the CNGS sold natural gas to the customer.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.09 Notice of Termination of Service {#sec-en-3004.09 omnilex-key=us-nh-regs-official--agency-en--En 3004.09}

(a) When a customer has failed to meet any of the material terms and conditions of its agreement for natural gas service with a CNGS, the CNGS may terminate the agreement pursuant to (b) below in this section.

(b) The CNGS shall provide written notice of termination of the agreement to the customer no less than 30 days prior to the termination, which notice shall state the reason(s) for termination and the date upon which the termination will be effective.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.10 Customer Protections Required of Aggregators {#sec-en-3004.10 omnilex-key=us-nh-regs-official--agency-en--En 3004.10}

(a) An aggregator shall, within 5 days of entering into an agreement with a customer, provide the customer with a written statement disclosing the following information:

(1) The name, business address, telephone number, and email address of the aggregator;

(2) The nature of any business relationships or affiliations with any CNGS or LDC;

(3) The toll-free telephone number of the department’s consumer services and external affairs division and a statement that customers may contact the department if they have any questions about their rights and responsibilities; and

(4) A statement, not inconsistent with En 3004.11, of the customer information that will be accorded confidential treatment.

(b) The disclosure statement required by this section shall be written in plain language, and be legibly typed or printed in a font size no smaller than 12 point.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.11 Protection of Confidential Customer Information {#sec-en-3004.11 omnilex-key=us-nh-regs-official--agency-en--En 3004.11}

(a) No CNGS or aggregator shall, except as permitted under (c) below in this section or as otherwise required by law, release confidential customer information without express written authorization from the customer.

(b) A CNGS or aggregator shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect confidential customer information from unauthorized access, use, destruction, modification, or disclosure, and to prohibit the use of the confidential customer information for a secondary commercial purpose not related to the primary purpose of the service provided to the customer, without the express written consent of the customer.

(c) A CNGS or aggregator may disclose to a third-party subject to non-disclosure restrictions confidential customer information as necessary for any one or more of the following purposes:

(1) Billing for natural gas service;

(2) Meeting natural gas system or other operational needs;

(3) Implementing any one or more of the following programs:

a. Demand response;

b. Customer assistance;

c. Energy management; and

d. Energy efficiency.

(d) For purposes of this section, the term “non-disclosure restrictions” means that the CNGS or aggregator has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the confidential customer information from unauthorized access, use, destruction, modification, or disclosure, and to prohibit the use of the confidential customer information for a secondary commercial purpose not related to the primary purpose of the contract without the express consent of the customer.

(f) A CNGS shall be deemed authorized to obtain customer usage information when it has received customer authorization as described in En 3004.04.

(g) In the event of a dispute about the release of confidential customer information, including whether the information is or should be confidential, a CNGS, aggregator, or customer may file a complaint with the department pursuant to RSA 365:1.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3004.12 Other Consumer Protections {#sec-en-3004.12 omnilex-key=us-nh-regs-official--agency-en--En 3004.12}

(a) No CNGS or aggregator shall include provisions in its customer contracts that would waive the requirements of En 3004.

(b) Any person may submit a complaint with the department pursuant to RSA 365:1 that a CNGS or aggregator has engaged in slamming.

(c) The department shall, within 10 business days of receipt of a complaint alleging that a CNGS or aggregator has engaged in slamming, investigate the facts and circumstances related to the complaint.

(d) If, after an investigation, the department determines that a CNGS or aggregator does not possess evidence of the customer’s or customers’ affirmative selection or authorization, the department shall petition the commission to require the unauthorized CNGS or aggregator to refund the customer(s) within 45 days if any charges have already been paid and any expenses incurred in connection with the unauthorized transfer of service for up to 9 months.

(e) An aggregator discontinuing service to all customers or any class of customers shall provide no less than 30 days prior written notice of such discontinuance to all affected customers.

(f) The provisions regarding terms of service and disclosure prior to enrollment as set forth in En 3004.02, En 3004.10(a), and En 3004.10(b), shall not apply to any contract for service entered into prior to November 1, 2017 during the original term of such contract, provided that such contract complied with the Puc 3000 rules applicable as of its initial effective date.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

Part En 3005 Enforcement Provisions and Procedures

N.H. Code Admin. R. Ann. En 3005.01 Department Petitions to the Commission {#sec-en-3005.01 omnilex-key=us-nh-regs-official--agency-en--En 3005.01}

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3005.02 Department Claims Against CNGS’s Financial Security {#sec-en-3005.02 omnilex-key=us-nh-regs-official--agency-en--En 3005.02}

(a) If payment has not been made by the CNGS within 14 days of the commission order or department demand letter requiring such payment, the department shall make a claim under, or pursue an action against, the financial security provided by the CNGS under En 3003.01(c)(1), En 3003.02(a)(3), and En 3003.03.

(b) The amounts and order of payment priority shall be as follows:

(1) Customer complaint reparations or restitution amounts, ordered by the commission to be paid following notice and hearing, and remaining unpaid by the CNGS for 30 days or more after the date due;

(2) Costs incurred as necessary to ensure continuous service to a CNGS’s customers through LDC sales service or another CNGS;

(3) Fines assessed by the commission under Puc 3003.01, and remaining unpaid by the CNGS for 60 days or more after the date due; and

(4) Department annual assessment amounts remaining unpaid by the CNGS on June 1 of any calendar year, in the absence of a pending objection under RSA 363-A:4 or an exemption under RSA 363-A:5.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

N.H. Code Admin. R. Ann. En 3005.03 Investigation of Consumer Complaints by Department {#sec-en-3005.03 omnilex-key=us-nh-regs-official--agency-en--En 3005.03}

(a) Upon the submission of an informal complaint to the department’s consumer services division, either verbally or in writing, against a CNGS or aggregator alleging that the CNGS or aggregator is not in compliance with the provisions of this chapter, the consumer services division shall conduct a review of the allegations which are the subject of the complaint and shall begin an investigation to resolve the complaint by agreement.

(b) The CNGS or aggregator shall provide any relevant information to the department’s consumer services division which would assist that division in its efforts to review and resolve the dispute that is the subject of such informal complaint.

(c) Upon exhaustion of all remedies available through the consumer services division, the customer may file a formal complaint with the department in accordance with RSA 365:1.

History

#14593, eff 5-21-26, EXPIRES: 5-21-36

Part En 3006 Information Submission Requirements

N.H. Code Admin. R. Ann. En 3006.01 Submitting Reports and Forms {#sec-en-3006.01 omnilex-key=us-nh-regs-official--agency-en--En 3006.01}

(a) A CNGS and aggregator shall submit all reports and forms to the department by the following methods:

(1) Mail or other delivery to:

New Hampshire Department of Energy

21 South Fruit Street, Suite 10

Concord, NH 03301-2429; or

(2) Electronic report filing as the department shall provide on the department website at registrations@energy.nh.gov.

(b) A CNGS and aggregator making an electronic filing under this section shall submit the original by mail and the electronic copy by email.

Appendix

Rule

Specific State Statute which the Rule Implements

En 3000 – En 3006

RSA 12-P:2, IV; RSA12-P:5, IV; RSA 12-P:15

History

#14593, eff 5-21-26, EXPIRES: 5-21-36