Title XXXIV, Public Utilities

Reports of accidents filed under RSA 374:39 shall not be made public otherwise than in the published reports of the commission or the department of energy.

Whenever the commission shall be of opinion that a public utility is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission, or is doing anything, or about to do anything, or permitting anything, or about to permit anythi…

Upon the beginning of such suit, it shall be the duty of the court to specify the time, not exceeding 20 days after service of a copy of the petition, within which the defendant complained of must answer. In case of default in answer, or after answer, the court shall immediately …

Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of counsel.

The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus, an injunction or other appropriate process shall issue as prayed for in the petition, or in such modified or other form as the court may determine…

All actions and proceedings under this title, and all actions and proceedings commenced or prosecuted by order of the commission, or to which the commission may be a party or in which any question arises under this title, or under or concerning any order or action of the commissi…

If, in the opinion of the commission, there shall at any time be occasion therefor, the commission may request the attorney general, or may employ other counsel, to represent the state in cases arising under RSA 374:41 or wherein any act or order of the commission is involved.

Such counsel shall be allowed reasonable fees and their necessary disbursements, to be approved by the governor and council and paid by the state.

In addition to the procedure in RSA 374:41-47, whenever the commission finds that a public utility regulated by the commission and having gross annual revenues of less than $2,000,000 is failing to provide adequate and reasonable service to its customers, and that such failure is…

In this subdivision: I. "Commission" means the public utilities commission. II. [Repealed.] II-a. "Department" means the department of energy. III. "Excavate", "excavating", or "excavation" means any operation conducted on private property or in a public way, right-of-way, easeme…

Each operator shall participate in an underground facility damage prevention system. The system shall operate during regular business hours throughout the year, except Saturdays, Sundays and legal holidays. The system shall receive notices of proposed excavations and transmit suc…

Subject to the trust, agreement or resolution, the proceeds of bonds or notes issued under this chapter and any other moneys governed by the trust agreement or resolution may be deposited or invested in demand deposits, time deposits or savings deposits in banks which are members…

I. All electric power facilities, real and personal, situated within the state of any domestic electric utility other than a municipal utility, all such facilities of a municipal utility situated within the state but without its corporate limits, and all such facilities situated …

For the purpose of enabling the commission and the department of energy to perform their duty to keep informed as provided in RSA 374:4, every public utility, before making any addition, extension, or capital improvement to its fixed property in this state, except under emergency…

I. The bank may create and establish one or more public utility reserve funds, hereafter referred to as "reserve funds", and shall pay into each such reserve fund any proceeds of sale of notes or bonds to the extent provided in the resolution or resolutions of the bank authorizin…

I. In the discretion of the governing board of the municipality, but subject to the terms of the authorizing vote, any bonds or notes issued under this chapter may be secured by a resolution of the governing board, which resolution shall constitute a contract with the bondholders…

I. The bond bank acting by and through the division, for the purposes authorized by this chapter, may lend money to municipalities for the purpose of financing the construction and development of small scale power facilities through the purchase by the division of municipal small…

[Paragraph I(intro. par.) effective until September 13, 2026; see also paragraph I(intro. par.) set out below.] I. A New Hampshire electric public utility may seek rate recovery for its portion of investments in distributed energy resources from the commission by making an approp…

The commission and the department of energy may utilize and employ a consultant firm to provide it with technical assistance in evaluating cost factors relating to the effective use of substantial investments of utilities regulated by the commission.

The department shall adopt rules, pursuant to RSA 541-A, relative to: I. Minimum requirements for the operation of the system, including notification procedures. II. Procedures for the investigation of complaints relating to this subdivision. III. Emergency situations for which p…

I. No person shall perform an excavation within 100 feet of an underground facility, except in an emergency, without first giving notification as required by this section. In an emergency, notification shall be given at the earliest practicable moment. II. At least 72 hours befor…

Upon receipt of notice of a proposed excavation, the system shall notify all affected members.

Within 72 hours after receipt of notice from a proposed excavator or from the system of a proposed excavation, but not including Saturdays, Sundays, and legal holidays, an operator shall mark the location of its underground facilities in the area of the proposed excavation. An op…

When any underground facility is damaged, the excavator causing the damage shall immediately notify the affected operator. The excavation shall not be backfilled without first receiving permission from the operator whose facility was damaged.

I. Proof that an excavation has been made without compliance with the notice requirement of RSA 374:51 and that damage to an underground facility has occurred shall be prima facie evidence in any court or administrative proceeding that the damage was caused by the negligence of t…

If any person is making or proposes to make an excavation in a negligent or unsafe manner which may result in damage to an underground facility, the operator which owns or maintains such facility may commence an action for a temporary restraining order or injunction to prevent th…

Each electric utility which enters into an agreement with a term of more than one year for the purchase of generating capacity, transmission capacity or energy shall furnish a copy of the agreement to the commission no later than the time at which the agreement is filed with the …

No public utility or municipal utility shall construct redundant parallel electric utility lines. Such duplication of lines shall be deemed contrary to sound economic policy and contrary to the public interest. This section shall not apply until retail electric competition is cer…

I. In this section: (a) "Commission" means the public utilities commission. (b) "Department" means the department of energy. (c) "North American Numbering Plan Administrator" (NANPA) means a North American organization responsible for neutrally administering numbering resources i…

The requirements for commission authorization for recovery of investments under RSA 374-G:5 shall not apply to rural electric cooperatives for which a certificate of deregulation is on file with the commission.

The department of transportation shall have power, either through its members or duly authorized experts, to ride upon any locomotive or train of any railroad while in service for inspection purposes and to have, upon reasonable notice, a special locomotive and inspection car for…

I. The bank shall establish and maintain a fund called the "public utility general fund" which shall consist of and in which there shall be deposited (1) fees received or charges made by the bank for use of its services or facilities under this chapter, (2) any moneys which the b…

The bond bank, acting by and through the division, for carrying out the purposes of this chapter, shall have the following powers: I. To adopt bylaws and rules for the conduct of its affairs and business and for use of its services and facilities; II. To maintain an office at suc…

The bonds and notes issued under this chapter shall be payable solely from the funds provided therefor hereunder, the liability of the municipality from other funds being limited to obligations undertaken by it to pay for the electricity used by it, and a statement to this effect…

Subject to any applicable trust agreement or resolution, the proceeds of bonds or notes issued under this chapter and any moneys governed by a trust agreement or resolution may be deposited or invested in demand deposits, time deposits, or savings deposits in banks which are memb…

I. (a) Notwithstanding the exception for municipal corporations operating within their corporate limits provided in RSA 362:2, any municipal utility which acquires or is acquiring or has any interest in an electric power facility located within its corporate limits or elsewhere s…

A public utility may seek authorization from the department of energy, either individually or in combination with other public utilities, to establish loan, financing, or cost amortization programs for owners and tenants of residential, public, nonprofit, and business property to…

I. In this subdivision: (a) "Smart meter gateway device" means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user's residence or business, and which…

The commission may authorize a public utility providing natural gas service to participate in and recover costs associated with statewide energy efficiency programs, including any utility-specific aspects of such programs, provided that when the costs of such programs are recover…

If bonds and notes are issued under this chapter which are not secured by the full faith and credit and the taxing power of the municipality, such bonds or notes shall be payable solely from the funds provided for such bonds and notes under this chapter. The liability of the muni…

The bank may establish such additional and further reserves or such other funds or accounts as may be, in its discretion, necessary, desirable or convenient to further the accomplishment of the purposes of the bank delineated under this chapter or to comply with the provisions of…

All moneys received by the municipality under this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter; provided, however, that RSA 31:19-38 shall not apply thereto.

Nothing contained in this chapter shall be construed to authorize or to empower the division: I. To make loans of money to any person, firm, or corporation other than a municipality, or to purchase securities issued by any person, firm, or corporation other than a municipality, o…

I. Each foreign electric utility which is acting pursuant to authority granted in this chapter shall, before owning or operating any electric power facilities in this state, notify the commission of the action to be taken by it and obtain the commission's permission under RSA 374…

The commission and the department of energy shall have power to investigate and ascertain, from time to time, the quality of gas supplied by public utilities and the methods employed by public utilities in manufacturing, transmitting or supplying gas or electricity for light, hea…

I. Competitive energy suppliers are not public utilities pursuant to RSA 362:2, though a competitive energy supplier may seek public utility status from the department if it so chooses. Notwithstanding a competitive energy supplier's non-utility status, the department is authoriz…