New Hampshire Administrative Code

"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…

"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 …

"Department" means the department of energy as established by RSA 12-P:1. Notes N.H. Admin. Code § En 1502.11 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"Division" means the department of energy, division of enforcement as established by RSA 12-P:8. Notes N.H. Admin. Code § En 1502.12 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"Electric supply lines" means wires, conductors, and cables used to transmit electric energy. Notes N.H. Admin. Code § En 1502.13 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"Emergency" means a situation requiring immediate action in order to comply with the duties of good practice regarding safety or reliability of service. Notes N.H. Admin. Code § En 1502.14 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires…

"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. Notes N.H. Admin. Code § En 1502.15 Derived from N…

"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. Notes N.H. Admin. Code § En 1502.16 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/…

"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 prof…

"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. Notes N.H. Admin. Code § En 1502.18 Derived from Number …

"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. Notes N.H. Admin. Code § En 1502.19 Deriv…

"Optical Ground Wire" (OPGW) means wire that combines the functions of grounding and communications. Notes N.H. Admin. Code § En 1502.20 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"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. Notes N.H. Admin. Code § En 1502.21 De…

"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. Notes N.H. Admin. Code § En 1502.…

"Pipeline" means an apparatus for transmission of liquid or gas, including but not limited to natural gas or other petroleum products, water, or sewer. Notes N.H. Admin. Code § En 1502.23 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires …

"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. Notes N.H. Admin. Code § En 1502.24 Derived from Number 19, Filed May 9…

"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 OPG…

"Static shield wire" means wire installed to protect electric transmission lines from lightning. Notes N.H. Admin. Code § En 1502.26 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"Support structure" means a pole, tower, or other structure to which a utility line is attached as part of a crossing. Notes N.H. Admin. Code § En 1502.27 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

"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…

"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. Notes N.H. Admin. Code § En 1502.29 Derived from Number 19, Filed May 9, 2024, Propose…

"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. Notes N.H. Admin. Code § En 1502.30 D…

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 sh…

(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 provid…

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 uti…

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 pro…

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…

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…

(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 li…

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 sha…

The division shall give notice of the issuance of a license: (a) Directly to the applicant; (b) By publication on its website, (c) Directed to the attorney general; and (d) By regular or certified mail to abutters or their representatives as identified by the applicant, notifying…

The division shall give notice of a license denial directly to the applicant, notifying it of the rights of appeal in RSA 371:20. Notes N.H. Admin. Code § En 1505.02 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.

Reserved Notes N.H. Admin. Code § En 201.01

Reserved Notes N.H. Admin. Code § En 201.02

Reserved Notes N.H. Admin. Code § En 201.03

Reserved Notes N.H. Admin. Code § En 201.04

(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 misle…

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 telecommuni…

(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 exchan…

"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. Notes N.H. Admin. Code § En 402.01 Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effecti…

"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 abil…

"Commission" means the New Hampshire public utilities commission. Notes N.H. Admin. Code § En 402.03 Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effective 7/1/2024, Expires7/1/2034 (see Revision Note at chapter heading for En 400).

"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. Notes N.H. Admin. Code § En 402.04 Derived from Num…

"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. Notes N.H. Admin. Code § En 40…

"Contact information" means: (a) Name; (b) Title; (c) Complete postal mailing address; (d) Telephone number; and (e) Email address. Notes N.H. Admin. Code § En 402.06 Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effective 7/1/2024, Expires7/1/2034 (see Revisio…

"Cyber attack" means a deliberate, unauthorized exploitation of computer systems, technology-dependent enterprises, and networks. Notes N.H. Admin. Code § En 402.07 Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effective 7/1/2024, Expires7/1/2034 (see Revision …

"Department" means the New Hampshire department of energy. Notes N.H. Admin. Code § En 402.08 Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effective 7/1/2024, Expires7/1/2034 (see Revision Note at chapter heading for En 400).