TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 363-A
EXPENSES OF PUBLIC UTILITIES COMMISSION AGAINST CERTAIN UTILITIES

Section 363-A:2

    363-A:2 Assessment. –
I. The expenses thus ascertained shall be assessed against the public utilities and other entities described in this section in the manner provided in this chapter. The assessment shall be calculated by using the following revenue percentages:
(a) 100 percent of the gross utility revenue of all public utilities, except as otherwise provided in this section;
(b) 33 percent of the gross utility revenue of rural electric cooperatives for which a certificate of deregulation is on file with the commission;
(c) 33 percent of the gross utility revenue of all excepted local exchange carriers as defined in RSA 362:7, I(c), and 33 percent of the gross revenue of any affiliate of such a carrier received from New Hampshire retail customers for a VoIP service as defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7, I(e) that provides the voice capabilities described in RSA 362:7, I(d)(1) and (3), other than a cellular mobile radio communications service provider;
(d) 33 percent of all providers' gross revenue received from New Hampshire retail customers for a VoIP service as defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7, I(e) that provides the voice capabilities described in RSA 362:7, I(d)(1) and (3), other than a cellular mobile radio communications service provider or any entity to which subparagraph (c) applies; and
(e) 100 percent of the gross revenue of all competitive electric power suppliers and all competitive natural gas suppliers received from New Hampshire retail customers, except for any such revenue received from the members of an electric cooperative for which a certificate of deregulation is on file with the commission, with respect to which the applicable revenue percentage shall be 33 percent.
II. To facilitate the revenue calculations required under this chapter, entities described in subparagraph I(d) or their registered telecommunications carrier affiliates shall file with the commission confidential annual reports of the retail telephone service revenue of such entities, and entities described in subparagraph I(e) shall file with the commission confidential annual reports of sales volume and revenues, by customer class, and separately identifying the total revenues received from the distribution customers of each electric or natural gas distribution utility or the members of each rural electric cooperative for which a certificate of deregulation is on file with the commission. All other utilities and other assessed entities shall file information in accordance with applicable commission rules.
III. Each entity described in subparagraph I(e) shall be assessed the sum of $10,000 on an annual basis and shall pay such assessed sum to the department of energy. Each electric load aggregator, and each aggregator of natural gas customers shall be assessed the sum of $2,000 on an annual basis and shall pay such assessed sum to the department of energy. Each telecommunications carrier voluntarily registered with the commission shall be assessed the sum of $1,000 on an annual basis and shall pay such sum to the department of energy.
IV. The expenses of the department of energy and the public utilities commission, and the office of the consumer advocate, less the total of the assessed sums paid pursuant to paragraph III, shall be allocated to each utility and other assessed entity in direct proportion as the revenue calculation for such utility or other assessed entity relates to the total of all such revenue calculations as a whole, except as otherwise provided in paragraph V. Each such expense allocation shall be assessed against each public utility and other assessed entity in an amount equal to its proportionate share as determined under this section, except that the expense allocation attributed to each entity described in subparagraph I(e) shall be imputed to and included in the expense allocation to each electric or natural gas distribution utility or rural electric cooperative for which a certificate of deregulation is on file with the commission, in correspondence to the revenue portion reported pursuant to paragraph II as having been received from the distribution customers of such distribution utility or the members of such rural electric cooperative for which a certificate of deregulation is on file with the commission.
V. The expenses relating to the office of the consumer advocate shall be allocated to each utility or other assessed entity in direct proportion as its revenue calculation described in paragraph I bears to the total of all such revenue calculations as a whole. Each such expense allocation shall be assessed against each public utility and other assessed entity in an amount equal to its proportionate share as determined under this section, except that the expense allocation attributed to each entity described in subparagraph I(e) shall be imputed to and included in the expense allocation to each electric or natural gas distribution utility or rural electric cooperative for which a certificate of deregulation is on file with the commission, in correspondence to the revenue portion reported pursuant to paragraph II as having been received from the distribution customers of such distribution utility or the members of such rural electric cooperative for which a certificate of deregulation is on file with the commission. This paragraph shall not apply to any entity to which subparagraph I(c) or (d) applies or to any revenue of that entity.
VI. A minimum amount shall be assessed to utilities and other assessed entities described in paragraph I having minimal revenues in such proportion as the public utilities commission shall determine to be fair and equitable, provided that the minimum amount assessed to any entity to which subparagraphs I(c) or (d) applies shall not be less than $1,000.
VII. Nothing in this chapter shall be construed to apply to any cellular mobile radio communications service or to any "information service" as defined in 47 U.S.C. section 153.

Source. 1955, 203:1, par. 2. 1959, 242:2. 1963, 322:1. 1971, 557:62. 1987, 136:5. 1997, 229:7, eff. Aug. 17, 1998. 2014, 136:2, eff. July 1, 2014. 2021, 91:243, eff. July 1, 2021.