Title XXXIV, Public Utilities

Any person who has a self-dialing telephone alarm system connected to his telephone and who has not obtained written permission pursuant to RSA 370-A:2 shall be guilty of a violation.

The department of energy may ascertain, determine and fix reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement, and every public utility is required to carry into effect all orders issued by the department…

The department of energy may provide for the inspection of the manner in which every public utility conforms to the reasonable regulations prescribed by the department for examination and testing of its service, product or commodity, and for the measurement thereof, and may suppl…

The department of energy may provide for the inspection of the manner in which every public utility has carried into effect the reasonable rules, regulations, specifications and standards fixed by rules adopted by the department relative thereto, and may examine and test any mete…

The department may provide for the examination and testing of any appliances used for the measuring of any service, product or commodity of a public utility.

Any consumer or user may have any such appliance tested by the department of energy. The department may declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, the fee to be paid by the consumer or user at t…

The department of energy may purchase such materials, apparatus and standard measuring instruments for such examinations and tests, and for the calibration and standardization of the measuring instruments used by any public utility, as it may deem necessary.

The department of energy shall fix and collect reasonable fees for examining and testing meters and other measuring apparatus and appliances and the product of any public utility offered to the public for use or consumption, and such fees shall be paid by the public utility ownin…

Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a line, branch line, extension, pipeline, conduit, line of poles, towers, or wires across the land of another, or should acquire land, land fo…

Notwithstanding the procedures set forth in any other chapter, this chapter shall apply to all cases of eminent domain concerning public utility facilities.

No public utility, predecessor development entity, or agent of either, shall refer to the use of eminent domain in any landowner negotiations, unless the commission has first specifically authorized its use under this chapter with respect to the affected landowner. Any landowner …

Any party aggrieved by the order of the commission awarding damages in such case may, within 60 days after the entry of the order and not afterwards, file in the superior court of the county in which the land is located a petition to have the damages assessed by a jury, upon whic…

If an appeal is taken, the public utility shall also file in the office of the clerk of said court reasonable security to the satisfaction of the court for the payment of any further damages and of the costs which may be awarded to the owner upon the appeal.

If the result of an appeal is to change the award of damages in favor of the appellant, the appellant shall recover costs; otherwise he shall pay costs.

If the owner's damages are reduced upon appeal, the public utility shall have judgment and execution against him for the amount of such reduction and costs if he has taken the damages tendered to him; but, if he has not taken such damages, the public utility may retain the amount…

In such proceedings the commission shall charge and collect fees as follows: For the entry of each petition, $25; for the making of each order of notice for service upon the owners of each parcel of land described in said petition in which rights are sought to be taken, $1; and f…

Whenever any business entity organized under the laws of this state, another state, or the United States to construct and operate a natural gas pipeline holds a certificate of public convenience and necessity issued under the federal Natural Gas Act , authorizing it to construct …

All acquisitions of water rights acquired under this chapter, which, within 5 years from the date of acquisition, have not become a used and useful part of the utility's property, shall be forfeited to the state unless otherwise ordered by the commission.

If, after a period of 5 years, the project for which land or property rights were taken has not commenced, the utility shall offer the person from whom such land or rights were taken the first option to buy such land or rights at the current market value.

Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a pipeline, cable, or conduit, or a line of poles or towers and wires and fixtures thereon, over, under or across any of the public waters of …

The department of energy shall publish notice of the license on its website and cause due notice of said issuance to be given to the attorney general as representative of the state, and to such owners of lands bordering the location of a state water crossing as the department of …

The petition of a public utility shall set out the title and the description of the land involved, the rights to be taken therein, and the public use for which the same are desired, and a certified copy of the petition and final decree thereon shall be recorded, if said petition …

When ownership of land, upon or over which a public utility desires to erect facilities, cannot be ascertained without entry to do survey work, or, a public utility shall have filed a petition under RSA 371:1 with respect to a particular tract of land, in either case a public uti…

A public utility shall have an impartial, qualified appraiser make at least one appraisal of any property proposed to be acquired by eminent domain. The owner shall have a reasonable opportunity to have the property appraised by an independent, qualified appraiser, selected by th…

Applicants and other persons directly affected by a decision of the department of energy to issue or deny a license may appeal a department decision to the public utilities commission within 30 days of the department's decision, and not thereafter. Whenever an appeal is timely fi…

Whenever an appeal is timely filed, the commission shall, upon request of an affected property owner, determine the compensation, if any, to be paid to the owner of land bordering the site of a public water crossing for any damages caused by the continuation and maintenance of an…

The department of energy is authorized to adopt rules to implement this chapter, and shall initiate a formal rulemaking process no later than December 31, 2023. Until the department adopts rules, applicants shall apply for a license by petitioning the department of energy in the …

Any compensation payable to the state on account of any such license shall be paid to the state treasurer and, if derived from licenses affecting state forests or forestry reservations, shall be added to the forest improvement fund; otherwise, it shall be a part of the general fu…

Upon approval of the commission, a public utility may construct transmission and distribution lines that traverse or parallel the tracks and property of a railroad and establish a permanent or temporary easement thereby. The public utility shall file a plan and layout delineating…

No such taking of flowage or drainage rights shall affect the right of a town in any highway or bridge.

The commission shall, upon notice to all parties in interest, hear and determine the necessity for the right prayed for and the compensation to be paid for such right, and shall render judgment accordingly. In such proceedings the provisions relating to flowage rights contained i…

In determining the compensation to be paid hereunder, all relevant and probative evidence on the question of the value of the land or rights to be taken shall be considered. If the proceeding involves a partial taking, the "before and after test" shall be considered. Without limi…

Upon evidence satisfactory to the commission that any owner or his residence is unknown or uncertain, the notice may be by publication; and if no appearance is entered for such owner, the commission shall, upon application by the public utility, appoint a guardian ad litem to rep…

I. When private real property which is used for residential purposes is proposed to be acquired in part for the construction of an above ground substation or transmission line, the owners of the residential property shall have the option to require the utility to condemn and take…

The commission shall use the method of determination for just compensation as prescribed in RSA 371:4-a.

If any owner is under any legal disability and not under guardianship in this state, the commission shall, upon application by the public utility, appoint a guardian ad litem to receive notice and otherwise represent the owner in the proceedings.

The commission shall determine and fix the amount due to any guardian appointed by it for services and disbursements in connection with any proceedings before the commission, and the portion thereof that justice requires shall be payable out of any award that may be made for any …

If the question of necessity shall be finally determined in the affirmative, the public utility may enter upon and use the land or rights adjudged necessary, upon the payment or tender of the compensation and damages awarded by the commission. If the owner is represented by a gua…

Distributed energy resources can increase overall energy efficiency and provide energy security and diversity by eliminating, displacing, or better managing traditional fossil fuel energy deliveries from the centralized bulk power grid, in keeping with the objectives of RSA 362-F…

In this chapter: I. "Commission" means the public utilities commission. II. "Domestic electric utility" means an electric utility resident in, or organized under the laws of this state. III. "Electric power facilities" means generating units rated 25 megawatts or above and transm…

I. The most compelling reason to restructure the New Hampshire electric utility industry is to reduce costs for all consumers of electricity by harnessing the power of competitive markets. The overall public policy goal of restructuring is to develop a more efficient industry str…

This chapter shall be known as, and may be cited as, the New Hampshire public utility bond financing chapter.

In this chapter: I. "Commission" means the public utilities commission. II. "Electric power facilities" means generating units rated 25 megawatts or above and transmission facilities rated 69 kilovolts or above. III. "Municipality" means a city, town or village district engaged i…

For the purposes of this chapter: I. "Bond" or "note" means a bond or note or other evidence of indebtedness issued under this chapter by a municipality, the payment of principal or interest of which is secured by the revenues derived from a small scale power facility, the full f…

Every public utility shall furnish such service and facilities as shall be reasonably safe and adequate and in all other respects just and reasonable.

This chapter shall be known as the "New Hampshire Municipal Bond Bank Small Scale Power Facility Act."