Title XXXIV, Public Utilities

If, after his appointment, any commissioner shall voluntarily become interested pecuniarily in any such public utility, or affiliate, he shall be removed by the governor and council, and if he shall become so interested otherwise than voluntarily, and shall not within a reasonabl…

The governor and council may at any time remove any commissioner for inefficiency, neglect of duty or malfeasance in office; but no commissioner shall be removed without a hearing after notice in writing of the charges against him.

No member of the commission shall render any professional service for any public utility in this state, or any affiliate thereof, or act as attorney or render professional service against any such public utility or affiliate; nor shall he be a member of a firm which renders any s…

No commissioner shall hold any national or other state office of profit except the office of justice of the peace or notary public.

Before any town, village district or precinct shall vote to appropriate money or issue bonds or notes for the acquisition of any existing public utility, or for the construction of a public utility, or for the reconstruction or enlarging of a municipally owned utility, the select…

Said commission shall after notice hold a public hearing at which time it shall receive evidence from any interested parties, and shall on its own motion investigate the public need for such acquisition, construction, reconstruction or enlarging and the feasibility of said propos…

Said commission shall, within 30 days after said hearing, issue a report which shall contain its findings on said plan as proposed, with the reasons therefor, and shall cause it to be published in a newspaper of general circulation in said town, and shall also submit a copy of sa…

Any person may make a formal complaint to the department of energy by petition setting forth in writing any thing or act claimed to have been done or to have been omitted by any entity subject to the department's or commission's jurisdictions and in violation of any provision of …

Except for complaints about RSA 371:17 through RSA 371:24, RSA 374:2-a, RSA 374:22-p, I(b), RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, RSA 374:59, and RSA 378:44 through RSA 378:48, the provisions of this chapter shall not apply to any end user of an excepted loca…

The commission shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda and papers of …

Notwithstanding any other provision of law to the contrary, the commission may in its discretion determine who, in addition to those lawyers licensed in the state of New Hampshire to do so, may appear before the commission on behalf of any party, provided, however, that the discr…

Any person who wilfully shall fail or refuse to attend to testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpoena of the commission, shal…

When any such summons shall be endorsed by the secretary, or assistant secretary, or by a commissioner, as follows, "Legal fees of witnesses guaranteed by the State," advance payment of fees shall not be required, but any witness served with such summons shall appear as directed …

In lieu of requiring production of originals by subpoena duces tecum, the commission may require sworn copies of any such books, records, contracts, documents and papers or parts thereof be filed with it.

The commission may also require any public utility to make specific answers to questions upon which the commission may need information.

No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the commission, when ordered to do so by the commission, upon the ground that the testimony or evidence, book or document required of him m…

No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.

Nothing herein contained shall give to any corporation immunity of any kind.

In any case in which the commission may hold a hearing it may, before or after such hearing, make such independent investigation as in its judgment the public good may require; provided, that, whenever such investigation shall disclose any facts which the commission shall intend …

The department of energy may investigate and resolve any complaint made to the department using non-adjudicative procedures. The department may adopt rules for this purpose or may set out procedural requirements by order for the investigation and resolution of complaints.

The commission may at any time reserve, certify and transfer to the supreme court for decision any question of law arising during the hearing of any matter before the commission.

The procedure for rehearings and appeals shall be that prescribed by RSA 541, except as herein otherwise provided. Notwithstanding RSA 541:5, upon the filing of a motion for rehearing, the commission shall within 30 days either grant or deny the motion, or suspend the order or de…

Whenever the commissioner shall be of the opinion, after a hearing had upon his own motion or upon complaint, that any part of any railroad operating as a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the regula…

Thereafter it shall be the duty of every such public utility to observe and obey every requirement of such order so served upon it, and to do everything necessary or proper in order to secure compliance with and observance of the same by all the officers, agents and employees.

The rates, fares and charges fixed and allowed by the commission to be charged and collected by any public utility shall remain in effect until altered by a subsequent order of the commission or until a new schedule of rates, fares and charges shall have been filed or published b…

Except as otherwise herein provided, every order of the commission requiring any public utility to do or not to do anything shall take effect at the time therein specified, and shall continue in effect for such period as shall be therein designated, and if no period shall be desi…

Orders of the commission granting authority or permission to do any act or thing need not be served; but the exercise in any part of the authority or permission granted in any such order shall charge the party so exercising such authority or permission with full knowledge of said…

At any time after the making and entry thereof, the commission may, after notice and hearing, alter, amend, suspend, annul, set aside, or otherwise modify any order made by it. This hearing shall not be required when any prior order made by the commission was made under a provisi…

On its own initiative or whenever a petition or complaint has been filed with the commission covering any rate, fare, charge, or price demanded and collected by any public utility, and the commission has found, after hearing and investigation, that an illegal or unjustly discrimi…

If the jurisdictional entity complained of shall make reparation for any injury alleged and shall cease to commit or to permit the violation charged in the complaint, and shall notify the department of energy of that fact, the department shall not be required to take any further …

Such order may be made without formal hearing whenever the public utility affected shall assent in writing thereto, or file or join in a petition therefor.

Every order required to be served shall, where the public utility affected has an agent in the city of Concord, appointed as provided herein, be served upon said agent by giving a certified copy thereof to him in hand, or by leaving a like copy at his office or residence.

If no agent has been so appointed, service may be made by giving a like copy to any person upon whom service could be made in an action at law against such public utility, or by sending the same by mail, postage prepaid, addressed to such public utility at any usual post office a…

Any public utility may, by writing filed with the commission, appoint an agent who shall reside and have an office in the city of Concord, upon whom service for and on its behalf may be made by the commission. Such appointment may at any time be revoked or a new appointment made …

Any public utility ordered to make reparation hereunder shall conform to said order and make payment as required therein. Upon failure to make such payment upon demand, the amount ordered paid may be recovered with interest in an action of debt brought by the person to whom payme…

In any action brought to recover costs, fees or reparation ordered the plaintiff shall be entitled to tax as costs all of his necessary expenses in the action, including reasonable attorney's fees.

The commission may fix and collect reasonable fees for copies of its records, certified or otherwise, for copies of testimony taken before the commission and for its publications.

I. Whenever any investigation by the commission or the department of energy shall be necessary to enable the commission to pass upon any petition for authority to issue stocks, bonds, notes, or other evidence of indebtedness, for authority to operate as a public utility or to exp…

Whenever any investigation or proceeding shall be necessary to enable the commission to pass upon the reasonableness of the rates or charges by a public utility, the utility shall pay to the department of energy the expenses involved in the investigation, including the amounts ex…

The commission may allow recovery of costs associated with utility proceedings before the commission, provided that recovery of costs for utilities and other parties shall be just and reasonable and in the public interest. For purposes of this section, other parties shall be defi…

All sums collected in fees by the commission or paid to it as costs shall be paid to the state treasurer at least once each month, with an itemized statement of the same.

If the charges are not resolved voluntarily as provided in RSA 365:2 or satisfied as provided in RSA 365:3, then, for complaints over which only the department has jurisdiction, the department of energy may either issue an order dismissing the complaint or commence an adjudicativ…

Every public utility and all officers and agents of the same shall obey, observe, and comply with every order made by the commission or department under their authority so long as the same shall be and remain in force.

Any public utility which shall violate any provisions of this title, or fails, omits or neglects to obey, observe or comply with any order, direction or requirement of the commission or the department of energy, shall be subject to a civil penalty, as determined by the commission…

Every officer and agent of any such public utility who shall wilfully violate, or who procures, aids, or abets any violation of this title, or who wilfully fails to obey, observe, and comply with any order of the commission or the department, or procures, aids or abets any such p…