Title XXXIV, Public Utilities

I. Notwithstanding any other provision of law to the contrary, a New Hampshire electric utility may invest in or own natural gas or nuclear energy resources as whole generation units, or as part of a generation unit, located on or interconnected to the local electric distribution…

I. No person or business entity, including any person or business entity that qualifies as an excepted local exchange carrier, shall commence business as a public utility within this state, or shall engage in such business, or begin the construction of a plant, line, main, or oth…

I. If 2 or more telephone utilities find that they provide the same service in the same area or that existing maps create overlapping service territories, the department of energy, upon application by one or both of the affected utilities, shall define, alter, or establish servic…

I. To the extent consistent with federal law and notwithstanding any other provision of law to the contrary, all telephone franchise areas served by a telephone utility that provides local exchange service, subject to the jurisdiction of the department of energy, shall be nonexcl…

The oversight committee shall have a chairperson who shall be chosen by vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by vote by members of the committee. The clerk's term…

The committee's duties shall include, but not be limited to: I. Examining the restructuring of telecommunications services and rates. II. Examining the issue of the resale of telecommunications services and the feasibility of facilitating the resale process. III. Considering the …

In this subdivision: I. "Number retention" means the ability of a telephone service customer to retain that customer's direct inward dialing telephone number at the same location, or a different location served by the central office that provides private branch exchange service t…

I. The department of energy shall authorize the provision of shared tenant services by providers meeting the minimum requirements established by the department of energy to operate shared tenant services networks. II. Providers of shared tenant services shall be subject to the fo…

The department of energy shall adopt rules, pursuant to RSA 541-A, relative to: I. Minimum requirements for shared tenant services, including disclosure of available options and terms and prices of shared tenant services. II. Customer access to services of authorized local teleph…

Any person who violates the provisions of this subdivision shall, after notice and an opportunity for hearing, be subject to a civil penalty not to exceed $1,000 per day of such violation.

Any person or business entity authorized by the department of energy to engage in business as a competitive local exchange carrier and any competitive toll provider having less than a 10 percent share of toll revenue in New Hampshire shall not be required to seek prior department…

I. (a) For the purposes of this section, "Federal Telecommunications Act" means the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56. (b) For purposes of this section "basic service" means: (1) Safe and reliable single-party, single line voice service; (2)…

No permission under RSA 374:22 shall be granted to any business entity not organized under the laws of this state, and no authority to transfer or lease the franchises, works, or system, or any part of the franchises, works, or system of any public utility in this state to any su…

RSA 374:24 shall not apply to: I. Any business entity operating a public utility plant in this state on June 1, 1911, or doing or desiring to do an interstate business; II. Any electric utility as defined in RSA 374-A:1 participating or desiring to participate in an electric powe…

The commission shall grant such permission whenever it shall, after due hearing, find that such engaging in business, construction or exercise of right, privilege or franchise would be for the public good, and not otherwise; and may prescribe such terms and conditions for the exe…

Authority granted under RSA 374:20-22 and 374:24-26 may only be exercised within 2 years after the same shall be granted, and shall not be exercised thereafter.

The commission may authorize any public utility to discontinue, temporarily or during such portion of each year as the commission may deem expedient, any part of its service whenever it shall appear that such temporary or seasonal discontinuance will not unreasonably inconvenienc…

I. "Slamming" is any practice that changes a consumer's telecommunications or energy-related service carrier or provider without the customer's knowledge or consent. For purposes of this section, a "customer" shall mean the person to whom the telecommunications or energy-related …

I. Any municipality, when authorized by a 2/3 vote as prescribed in RSA 33, may borrow money through the issuance of bonds or notes to finance the design, development, and acquisition or construction costs, or its share of such costs, of a small scale power facility. Such costs t…

Any electric generation equipment funded in part by a public utility under this chapter is subject to the following requirements: I. The energy produced by electric generation equipment owned by the public utility shall be used to benefit low-income customers, with such benefit a…

The public utilities commission and department of energy shall have the general supervision of all public utilities and the plants owned, operated or controlled by the same so far as necessary to carry into effect the provisions of this title.

I. System Reliability. Reliable electricity service must be maintained while ensuring public health, safety, and quality of life. II. Customer Choice. Allowing customers to choose among electricity suppliers will help ensure fully competitive and innovative markets. Customers sho…

I. The department of energy shall investigate ways to enable energy storage projects to receive compensation for avoided transmission and distribution costs, including avoided regional and local network service charges, while also participating in wholesale energy markets. The de…

The following words or terms as used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context: I. "This chapter" means this New Hampshire municipal bond bank small scale power facility act. II. "Bond bank" means the New Hampsh…

I. The New Hampshire municipal bond bank established pursuant to RSA 35-A is hereby authorized and empowered to lend money to public utilities through the purchase by the bank of utility bonds of public utilities in fully marketable form. The bank, for the purposes authorized by …

Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of foreign electric utilities, but subject to the conditions set forth in this chapter, a foreign electric utility shall have the following additional powers: Jointly, with…

In anticipation of the authorization or issue of bonds under this chapter, and subject to the approval of the commission under RSA 369:1 or RSA 369:7, a municipality, when authorized by a 3/5 vote as defined in RSA 33:8 for towns and village districts or in RSA 33:9 for cities, m…

Upon petition of a regulated utility or upon its own initiative and after notice and hearing, the public utilities commission may approve alternative forms of regulation other than the traditional methods which are based upon cost of service, rate base and rate of return, provide…

I. In this section, "small incumbent local exchange carrier" means an incumbent local exchange carrier serving fewer than 25,000 access lines. II. Solely at its option, a small incumbent local exchange carrier subject to rate of return regulation, and only such small incumbent lo…

I. In this section: (a) "Off-grid electricity provider" means an entity, person, private company, electric cooperative, municipal agency, or otherwise, that engages in any combination of generating, transmitting, distributing, or selling electricity at retail to consumers; is not…

I. Any public utility may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission shall find that it wi…

If commission approval is required pursuant to RSA 374:30 for any transfer, lease, or contract, any such attempted transfer, lease, or contract shall be void unless the same shall have been approved by the commission.

Except when the public utility is an excepted local exchange carrier, if such public utility, or the other party to any such transfer, lease, or contract, be a corporation and if the commission shall find that the public good so requires, such transfer, lease, or contract shall f…

No public utility or public utility holding company as defined in section 2(a)(7)(A) of the Public Utility Holding Company Act of 1935 shall directly or indirectly acquire more than 10 percent, or more than the ownership level which triggers reporting requirements under 15 U.S.C.…

In any proceeding under RSA 374:33 in which the public utilities commission determines that the proposed acquisition is not lawful, proper, or in the public interest, the public utilities commission shall review the costs incurred by the target company incident to the proceeding,…

Every contract, assignment, transfer or agreement for transfer of any stock, by or through any person or corporation, to any corporation in violation of any provision of RSA 374:33 shall be void and of no effect, and no such transfer or assignment shall be made upon the books of …

I. In this subdivision, a "pole" means 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…

There is established in the department of energy a stakeholder's group to address utility poles and attachments in the state. The stakeholder's group shall be under the direction of the director of the division of enforcement. I. The stakeholder's group shall consist of: (a) The …

The department of energy shall investigate the causes of all accidents in connection with the operation of public utilities in the state, which, in the opinion of the commission or the department of energy, ought to be investigated.

Any such investigation may be made by the department of energy in such manner as the department of energy may determine.

Every public utility shall report to the department of energy and the commission accidents occurring in connection with the operation of its business wherein loss of life occurs or any person is injured, or of such a nature as to endanger the safety, health or property of its con…

In anticipation of the issuance of bonds under this chapter, a municipality may issue notes under RSA 33:7-a in the manner provided, except that such notes shall be payable within 8 years from their respective dates, and the principal of and interest on notes issued for a shorter…

I. There is hereby established a separate division of the bond bank to be known as the small scale power facility division. In addition to all powers granted to the bond bank by RSA 35-A, the bond bank, by virtue of the powers granted to the division under this chapter, shall hav…

I. In the discretion of the municipality, but subject to the terms of the commission's approval and of the authorizing vote, any bonds or notes issued hereunder may be secured by a resolution of the municipality or by a trust agreement between the municipality and a corporate tru…

If any domestic or foreign electric utility acquires or owns an interest as a tenant in common with one or more other domestic or foreign electric utilities in any electric power facilities in this state, the surrender or waiver by any such owner of such property of its right to …

I. Notwithstanding any other provision of law to the contrary, as provided in RSA 374-G:5, a New Hampshire electric public utility may invest in or own distributed energy resources, located on or inter-connected to the local electric distribution system. II. Distributed electric …