New Hampshire Administrative Code

(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 g…

(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 re…

(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 …

(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)…

(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 o…

(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. …

(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 compl…

(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. (c) Field inspections shall include: (1) Operat…

(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 probab…

(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 h…

(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) Submit to the department within 30 days a written plan of action outlining action the respondent…

(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 inf…

(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 NOV to the respondent. (b) The NOV so issued shall include:…

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. Notes N.H. Admin. Code § En 512.09 Derived from Number 45, Filed November 9, 2023, …

(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. Notes N.H. Admin. Code § En 512.10 Derived from Num…

En 600 shall apply to any water utility as defined in En 602.15. Notes N.H. Admin. Code § En 601.01 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading for En 600).

"Class A water utility" means a water utility having annual water operating revenues of $750,000 or more. Notes N.H. Admin. Code § En 602.01 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter head…

"Class B water utility" means a water utility having annual water operating revenues of $150,000 or more, but less than $750,000. Notes N.H. Admin. Code § En 602.02 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revis…

"Class C water utility" means a water utility having annual water operating revenues of less than $150,000. Notes N.H. Admin. Code § En 602.03 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter he…

"Commission" means the New Hampshire public utilities commission. Notes N.H. Admin. Code § En 602.04 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading for En 600).

"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. Notes N.H. Admin. Code § En 602.05 Derived from Number 15, Filed Apr…

"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. Notes N.H. Admin. Code § En 602.06 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3…

"Department" means the New Hampshire department of energy. Notes N.H. Admin. Code § En 602.07 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading for En 600).

"Franchise" means the right to conduct business as a utility pursuant to RSA 374:22 and RSA 374:26. Notes N.H. Admin. Code § En 602.08 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading fo…

"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. Notes N.H. Admin. Code § En 602.09 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, E…

"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. Notes N.H. Admin. Code § En 60…

"Service connection" means the point of connection between the customer's service pipe and the water utility's service line. Notes N.H. Admin. Code § En 602.11 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision N…

"Service entrance" means the point at which the customer service pipe enters the customer's building. Notes N.H. Admin. Code § En 602.12 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading …

"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. Notes N.H. Admin. Code § En 602.13 Derived from Number 15, Filed April 11, 2024, Propo…

"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, opera…

"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 withi…

"Water utility service pipe" means that portion of the service pipe not characterized as customer service line or pipe. Notes N.H. Admin. Code § En 602.16 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note a…

"Water service" means the furnishing of water to a customer in this state by a water utility. Notes N.H. Admin. Code § En 602.17 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading for En 6…

(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. Notes N.H. Admin. Code § En 603.01 Derived…

(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 o…

(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 mar…

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. Notes N.H. Admin. Code § En 603.04 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, E…

(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 …

Each water utility shall conform to all requirements of the department of environmental services relative to cross-connections. Notes N.H. Admin. Code § En 604.02 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/2034 (see Revisio…

(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 shal…

(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…

(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…

(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 o…

(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…

Each water utility shall comply with water conservation rules promulgated by the department of environmental services pursuant to RSA 485:61. Notes N.H. Admin. Code § En 604.08 Derived from Number 15, Filed April 11, 2024, Proposed by #13911, Effective 3/21/2024, Expires 3/21/203…

(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. Notes N.H. Ad…

(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 installati…