TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 374
GENERAL REGULATIONS

Smart Meter Gateway Devices

Section 374:62

    374:62 Property Owner's Consent Required for Smart Meter Gateway Devices. –
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 serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
(b) " Electric utility " means any public utility, as defined in RSA 362:2, which is engaged in the sale or distribution of electricity ultimately sold to the public, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, and any municipal electric system operating pursuant to RSA 38 within or outside its municipal boundaries.
II. (a) No electric utility that sells or provides electricity within the state of New Hampshire shall install a smart meter gateway device on or in a person's home or business without the written consent of the person or persons who own the home or business.
(b) An electric utility selling or providing electricity shall create a form that the person or persons who own the home or business must sign to opt-in to having a smart meter gateway device installed on or in his or her home or business. The form shall, in at least 12-point boldface type, state that:
(1) The opt-in is optional and one's service will not be affected if one elects not to opt-in; and
(2) The device is a "smart meter gateway device," and provide the definition in subparagraph I(a).
III. When an electric utility enrolls a homeowner or business owner for electrical service at his or her home or business, the electric utility shall disclose in writing whether a smart meter gateway device has been installed, and shall remove, or allow to be removed, all smart meter gateway devices upon written request of the homeowner or business owner.

Source. 2012, 150:1, eff. June 7, 2012.